The Silver Arc Dreamscapes Pty Ltd trading as Dreamscape Architects v Liverpool City Council [2021] NSWLEC 1491

Land and Environment Court New South Wales

Medium Neutral Citation: The Silver Arc Dreamscapes Pty Ltd trading as Dreamscape Architects v Liverpool City Council [2021] NSWLEC 1491 Hearing dates: Conciliation conference held on 5, 19 & 26 July and 2 & 11 August 2021 Date of orders: 26 August 2021 Decision date: 26 August 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) Pursuant to Section 8.15(3) of the EP&A Act, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development application in a sum of $7,500.00, within 28 days of the making of orders disposing of these proceedings. (2) The appeal is upheld. (3) Development Application DA-538/2019 for the construction of a 4-storey shop-top housing development with at-grade and basement parking comprising 2 retail units and 12 residential units, and the construction of a specialised retail premises with at-grade and basement parking at 619-621 Hume Highway, Casula is approved, subject to the conditions contained in the annexure marked "A". Catchwords: DEVELOPMENT APPLICATION – shop-top housing – showrooms – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s34AA Liverpool Local Environmental Plan 2008, cll 4.3, 4.4, 5.21, 7.7, 7.31, 7.22(3)(4) State Environmental Planning Policy No 55 – Remediation of Land, cl 7(1) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Infrastructure) 2007, cl 100(2). Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) Category: Principal judgment Parties: The Silver Arc Dreamscapes Pty Ltd trading as Dreamscape Architects (Applicant) Liverpool City Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) C Campbell (Solicitor) Respondent)