Rosewood Avenue Pty Ltd v Liverpool City Council [2022] NSWLEC 1610

Land and Environment Court New South Wales

Medium Neutral Citation: Rosewood Avenue Pty Ltd v Liverpool City Council [2022] NSWLEC 1610 Hearing dates: Conciliation conference on 9 September 2022 Date of orders: 02 November 2022 Decision date: 02 November 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA-375/2022, for the construction of a single storey 80 place childcare centre with car parking, fencing, landscaping, drainage and associated site works on land legally described as Lot 1 in DP 871535 and known as 47-51 Rosewood Avenue, Prestons, NSW, 2170, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021 cl 37 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008 cll 4.3, 4.4, State Environmental Planning Policy (Resilience and Hazards) 2021 Ch 4, cl 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Pt 11.2, cl 11.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Ch 3, cl 3.23 Category: Principal judgment Parties: Rosewood Avenue Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Johnson (Solicitor) (Applicant) L Zumot (Solicitor) (Respondent)