Modern Design Wardrobes Pty Ltd v Liverpool City Council [2022] NSWLEC 1732

Land and Environment Court New South Wales

Medium Neutral Citation: Modern Design Wardrobes Pty Ltd v Liverpool City Council [2022] NSWLEC 1732 Hearing dates: Conciliation conference on 5 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed in the amount of $3000.00 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to development application DA-500/2022 for the demolition of existing structures and the construction of a four storey above basement car park industrial warehouse building to be used as a general industry containing an industrial activity for the purpose of wardrobe and cabinet manufacturer at 11 Iraking Avenue, Moorebank, legally described as Lot 8 DP 223384 subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – industrial warehouse – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021 s 38 Land and Environment Court Act 1979 s 34 Liverpool Local Environmental Plan 2008 cll 4.3, 5.21, 7.7 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.48 State Environmental Planning Policy (Industry and Employment) 2021 Sch 5 Water Management Act 2000 s 90 Category: Principal judgment Parties: Modern Design Wardrobes Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)