Ghignone v Liverpool City Council [2022] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Ghignone v Liverpool City Council [2022] NSWLEC 1021 Hearing dates: Conciliation conference on 1 and 15 November 2021 Date of orders: 21 January 2022 Decision date: 21 January 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendment of the application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Consent is granted to Development Application Number DA-26/2021 for: (1) residential subdivision to create 38 Torrens Title residential lots; (2) the construction of 24 abutting dwelling houses with 5 secondary dwellings; and (3) associated road construction and civil works and tree removal, subject to the conditions of consent in Annexure "A". Catchwords: DEVELOPMENT APPLICATION: residential subdivision – road construction – civil works – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 4.1AB, 4.1AC, 4.1B State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Category: Principal judgment Parties: Bruno Ghignone (First Applicant) Angela Ghignone (Second Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Perkins (Solicitor) (Applicant) T Poisel (Respondent)