Charles Street (NSW) Pty Ltd v Liverpool City Council [2022] NSWLEC 1631

Land and Environment Court New South Wales

Medium Neutral Citation: Charles Street (NSW) Pty Ltd v Liverpool City Council [2022] NSWLEC 1631 Hearing dates: Conciliation conference on 15 July, 11 and 25 August 2022, 8, 23 and 30 September 2022. Date of orders: 15 November 2022 Decision date: 15 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request prepared by GAT & Associates dated September 2021, pursuant to clause 4.6 of the Liverpool Local Environmental Plan 2008, to vary the carparking development standard in clause 7.3 of the Liverpool Local Environmental Plan 2008 is upheld. (2) The Applicant's written request prepared by GAT & Associates, pursuant to clause 4.6 of the Liverpool Local Environmental Plan 2008, to vary the carparking development standard in clause 29(2)(e) of the State Environmental Planning Policy (Affordable Rental Housing) 2009 is upheld. (3) The Applicant is to pay the Respondent's costs thrown away by the amended development application referred to in paragraph 39, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (4) The appeal is upheld. (5) Development consent is granted to Development Application No. DA-1092/2021, as amended, for the demolition of all existing structures and the construction of an eight (8) storey mixed use development with a commercial ground floor and café, and a fifty-two (52) room boarding house including manager's room, landscaping and associated works at land identified as Lot 21 in DP 581273, known as 146-150 Terminus Street, Liverpool NSW 2170, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION: boarding house development – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 4.3, 4.4, 4.6, 5.10, 7.3, 7.5 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 28, 29, 30, 30A State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport & Infrastructure) 2021, ss 2.119, 2.120, Div 5 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Charles Street (NSW) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)