Ali v Liverpool City Council [2022] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Ali v Liverpool City Council [2022] NSWLEC 1044 Hearing dates: Conciliation conference on 24 and 26 November 2021, 14 and 17 December 2021 Date of orders: 11 February 2022 Decision date: 11 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA-450/2021, for the partial demolition of the existing dwellings and alterations and additions to convert the existing dwellings into an eighteen (18) place child care centre with car parking, site works, signage and landscaping on land legally described as Lot 1444 in DP814913, known as 34 Dotterel Street, Hinchinbrook NSW 2168, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – child care centre – orders Legislation Cited: Biodiversity Conservation Act 2016, Part 7 Contaminated Land Management Act 1997 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 2.7, 4.3, 4.4, 5.21, 7.7, 7.18, 7.31 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 64— Advertising and Signage (2001), cl 11 State Environment Planning Policy (Education Establishments and Child Care Facilities) 2017, cll 22, 23, 25 Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: Nishar Ali (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Farrell (Respondent)