Ghazi Al Ali Architects Pty Ltd v Liverpool City Council [2021] NSWLEC 1167

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architects Pty Ltd v Liverpool City Council [2021] NSWLEC 1167 Hearing dates: 9 February, 25 February, 11 March and 15 March 2021 Date of orders: 8 April 2021 Decision date: 08 April 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following orders: (1) The Applicant is granted leave to amend the development application to: (a) exclude from the land to which Development application 279/2020 relates the land in Lot 4 DP1228502 known as No. 30 Croatia Avenue, Edmondson Park and (b) rely upon the plans referred to at operational condition A1, contained within Annexure A. (2) The Appeal is upheld; (3) Development application 279/2020 seeking two lot subdivision and multi-dwelling housing comprising the staged construction of 30 townhouses and associated visitor car-parking, subdivision, civil works including the construction of two roads (including on an adjoining allotment to the south) for premises known as 50 Croatia Avenue, Edmondson Park is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Subdivision and multi-unit housing – conciliation – 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 ss 30, 34 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Ghazi Al Ali Architects Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: H Irish (Applicant) R O'Gorman- Hughes (Respondent)