Zaki Property Pty Ltd v Liverpool City Council [2021] NSWLEC 1740

Land and Environment Court New South Wales

Medium Neutral Citation: Zaki Property Pty Ltd v Liverpool City Council [2021] NSWLEC 1740 Hearing dates: Conciliation conference on 22 November 2021 Date of orders: 2 December 2021 Decision date: 02 December 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 870-2021, for the Construction of a two storey child care centre for 104 children with associated signage, car parking, landscaping, site works and Torrens Title subdivision into two lots at 99-101 Carmichael Drive, West Hoxton (legally described Lot 216 DP 1029540), is approved subject to the conditions at Annexure B. Catchwords: APPEAL – development application – centre based child care facility – conciliation conference – agreement reached – development consent granted Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008 cll 2.6, 4.1, 4.3, 4.4 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 25, 26 State Environmental Planning Policy (Infrastructure) 2007, cl 45 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Sydney Water Act 1994, s 78 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Zaki Property Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Hemmings (Respondent)