Wincrow Pty. Limited v Liverpool City Council [2023] NSWLEC 1000

Land and Environment Court New South Wales

Medium Neutral Citation: Wincrow Pty. Limited v Liverpool City Council [2023] NSWLEC 1000 Hearing dates: Conciliation conference on 21 November 2022 Date of orders: 5 January 2023 Decision date: 05 January 2023 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) the Applicant is granted leave to rely on the amended documentation listed at Annexure "A" to this judgment; (2) within 28 days of making these orders, the Applicant is to pay the Respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $1000; (3) the appeal is upheld; (4) Development Application No. DA-690/2022, as amended, for the construction of two warehouse buildings containing seven individually tenanted industrial units with ancillary office space, the construction of a dual level carpark and associated works, is approved subject to the conditions of consent in Annexure "B" to this judgment. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environment Planning and Assessment Regulation 2000, cl 55 Environment Planning and Assessment Regulation 2021, Sch 6 s 3 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 4.3, 4.4, 5.21 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.3, 6.65, 11.5, 11.6, 11.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning (Transport and Infrastructure) 2021, cl 2.118 State Environmental Planning Policy No 55 – Remediation of Land Water Management Act 2000 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Wincrow Pty. Limited (Applicant) Liverpool City Council (Respondent) Representation: Counsel: B Salon (Solicitor)(Applicant) L Sims (Respondent)