Australand Residential Edmondson Park Pty Limited as trustee for Australand Residential (Edmondson Park) Trust v The Minister for Planning and Public Spaces [2020] NSWLEC 1611

Land and Environment Court New South Wales

Medium Neutral Citation: Australand Residential Edmondson Park Pty Limited as trustee for Australand Residential (Edmondson Park) Trust v The Minister for Planning and Public Spaces [2020] NSWLEC 1611 Hearing dates: Conciliation conference on 29 September 2020 and 20 November 2020 Date of orders: 7 December 2020 Decision date: 07 December 2020 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) The application to modify Concept Plan MP 10_0118 (MOD 8) to reduce the car parking rate for 2-bedroom apartments in the Frasers Town Centre Core from 1.2 spaces to 1 space per 2-bedroom apartment is approved, subject to the conditions at annexure "A". The Court notes that the amended Frasers Town Centre Design Guidelines (referred to at 1.7A of Schedule 2 of annexure "A") are at annexure "B". (3) No order as to costs. Catchwords: MODIFICATION APPLICATION – modification to concept plan – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (State Significant Precincts) 2005 Cases Cited: Barrick Australia Ltd v Williams (2009) 168 LGERA 43; [2009] NSWCA 275 Texts Cited: Apartment Design Guide NSW Roads and Maritime Services, Guide to Traffic Generating Developments Category: Principal judgment Parties: Australand Residential Edmondson Park Pty Limited as trustee for Australand Residential (Edmondson Park) Trust (Applicant) The Minister for Planning and Public Spaces (Respondent) Representation: Counsel: M Staunton (Applicant) J Farrell (Respondent)