Sangari v Liverpool City Council [2021] NSWLEC 1116

Land and Environment Court New South Wales

Medium Neutral Citation: Sangari v Liverpool City Council [2021] NSWLEC 1116 Hearing dates: Conciliation held on 26 February 2021 Date of orders: 9 March 2021 Decision date: 09 March 2021 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application no. 392/2018, for the construction of a residential flat building comprising twenty-four (24) apartments over two (2) basement levels with parking for forty-three (43) vehicles, at 6-8 Wanganella Street, Miller (being Lots 27 & 28 DP 221267) is approved in accordance with the plans and documents listed at Condition 1 in Annexure B and subject to the conditions in Annexure B. (3) Each party is to pay its own costs. Catchwords: DEVELOPMENT APPLICATION – construction of a residential flat building – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 7.31 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 29 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Ghazi Sangari (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Matthews (Solicitor) (Applicant) L Steer (Solicitor) (Respondent)