Kowalczyk v Liverpool City Council; Tabone v Liverpool City Council; Rothshire Pty Ltd v Liverpool City Council [2022] NSWLEC 1479

Land and Environment Court New South Wales

Medium Neutral Citation: Kowalczyk v Liverpool City Council; Tabone v Liverpool City Council; Rothshire Pty Ltd v Liverpool City Council [2022] NSWLEC 1479 Hearing dates: Conciliation conference on 2 September 2022 Date of orders: 09 September 2022 Decision date: 09 September 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: Proceedings 2021/257756 The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA-404/2021, as amended, for use of one unauthorised building; use of the site as a landscape material supplies business, and erection of covered bulky store and erection of garage to be used in association with residential use at 10 Wolstenholme Avenue, also known as 648 Greendale Road, Greendale (being Lot 6 in Deposited Plan 245146), subject to the conditions in Annexure A. (3) The exhibits are returned except for A, B, C, D, E, J, K, M, 1, 2, 4, 5, 6 and 7. Proceedings 2022/69633 The Court orders: (1) The appeal is upheld. (2) The applicant is to provide the additional information as set out in Annexure A to Liverpool City Council (Council). (3) Upon the applicant providing the additional information as required by Order 2 above to Council's reasonable satisfaction, Council is directed to issue a building information certificate in respect of building information certificate application no. BC-181/2021 concerning the property at 10 Wolstenholme Avenue, also known as 648 Greendale Road, Greendale (being Lot 6 in Deposited Plan 245146). (4) The exhibits are returned except for A, B, C, D, E, J, K, M, 1, 2, 4, 5, 6 and 7. Proceedings 2022/234935 The Court orders: (1) The appeal is upheld. (2) The applicant is to carry out the works and provide the additional information set out in Annexure A to Liverpool City Council. (3) Upon the applicant finalising the works and providing the additional information as set out in Annexure A to the reasonable satisfaction of the Council, the Council is directed to issue a building information certificate in respect of building information certificate application no. BC-78/2022 concerning the property at 10 Wolstenholme Avenue, also known as 648 Greendale Road, Greendale (being Lot 6 in Deposited Plan 245146). (4) The exhibits are returned except for A, B, C, D, E, J, K, M, 1, 2, 4, 5, 6 and 7. Catchwords: DEVELOPMENT APPLICATION – application seeking development consent for the use of an unauthorised building, use of the site as a landscaping material supplies business and erection of covered bulky store and erection of garage to be used in association with residential use – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – application seeking approval for the unlawful construction of two metal sheds marked as "B1" and "B2" on the architectural drawings – conciliation conference – agreement between the parties – orders BUILDING INFORMATION CERTIFICATE – application seeking approval for the unlawful construction of the large southern shed known as the "Office, Storage, Workshop" – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15(3), 8.25 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 7.6, 7.7, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (repealed) State Environmental Planning Policy No 55—Remediation of Land (repealed) Water Management Act 2000 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Proceedings 2021/257756 Alana Kowalczyk (Applicant) Liverpool City Council (Respondent)