James Slashing Pty Ltd v Liverpool City Council [2020] NSWLEC 1503

Land and Environment Court New South Wales

Medium Neutral Citation: James Slashing Pty Ltd v Liverpool City Council [2020] NSWLEC 1503 Hearing dates: Conciliation conference on 28 July, 18 and 27 August and 29 September 2020 Date of orders: 26 October 2020 Decision date: 26 October 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Applicant is granted leave to amend the application and to rely on the amended plans and documents listed in Part A of Annexure A to this agreement. (2) The appeal is upheld. (3) The Development Application DA-630/2019 for the retrospective approval to rectify unauthorised works on site including unauthorised earthworks and filling of land, and the addition of a new building to be used as a rural industry (fruit and vegetable storage and distribution), and associated hardstand areas, new driveway, landscaping and stormwater drainage works is approved subject to the conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – retrospective approval of earthworks – rural industry – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Water Management Act 2000 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (March 2020) Category: Principal judgment Parties: James Slashing Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Smith (Applicant) L Steer (Solicitor) (Respondent)