90 Croatia Properties Pty Ltd v Liverpool City Council [2021] NSWLEC 1177

Land and Environment Court New South Wales

Medium Neutral Citation: 90 Croatia Properties Pty Ltd v Liverpool City Council [2021] NSWLEC 1177 Hearing dates: 1 and 2 March 2021, final submissions 23 March 2021 Date of orders: 16 April 2021 Decision date: 16 April 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) DA 828/2019 for a multi dwelling housing development at 90 Croatia Avenue Edmondson Park is refused. (3) The exhibits are returned with the exception of exhibits 7, 8, 10, 11, A-E, O-S. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing under State Environmental Planning Policy (Affordable Rental Housing) 2009 – whether s 4.15(3A)(c) of Environmental Planning and Assessment Act 1979 is beneficial and facultative and scope of "widest interpretation that its language will give" – precedent – tree removal – character – cut and fill Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.42, 4.15, 8.7 Liverpool Local Environment Plan 2008 State Environmental Planning Policy (Affordable Rental Housing) 2009 Cases Cited: CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; [2004] NSWLEC 472 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Zhang v Canterbury City Council (2001) LGERA 373; [2001] NSWCA 167 Texts Cited: Land and Environment Court, COVID-19 Pandemic Arrangements Policy Liverpool Growth Centre Precincts Development Control Plan Minister for Planning's Second Reading Speech to the Environmental Planning and Assessment Amendment Bill 2012 Category: Principal judgment Parties: 90 Croatia Properties Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: S Berveling (Applicant) R O'Gorman-Hughes (Respondent)