Redsab Pty Ltd v Liverpool City Council [2022] NSWLEC 1689

Land and Environment Court New South Wales

Medium Neutral Citation: Redsab Pty Ltd v Liverpool City Council [2022] NSWLEC 1689 Hearing dates: Conciliation conference on 19 September and 3, 14 and 17 November 2022 Date of orders: 13 December 2022 Decision date: 13 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the applicant for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $3,000. (2) The appeal is upheld. (3) Development consent is granted to development application DA-203/2022 seeking consent for the demolition of structures on the site, excavation, tree removal and construction of a one hundred and twenty-seven (127) place two-storey childcare centre with basement car parking and associated works at 88 – 90 Woodlands Road, Liverpool and 34 Marsden Road, Liverpool, subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPEAL – Child care centre - conciliation conference – agreement between the parties - orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 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 State Environmental Planning Policy No. 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.3, 3.23, 3.26 Texts Cited: Child Care Planning Guidelines 2017 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Redsab Pty Ltd ACN 653 196 939 (Applicant) Liverpool City Council (Respondent) Representation: Counsel: T Poisel (Applicant) C Campbell (Solicitor) (Respondent)