Liverpool 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1208

Land and Environment Court New South Wales

Medium Neutral Citation: Liverpool 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1208 Hearing dates: Conciliation conference held on 21 April 2023 Date of orders: 04 May 2023 Decision date: 04 May 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) The Applicant is granted leave to rely upon the Accessibility Compliance Report prepared by Access Link Consulting Issue E, dated 23 February 2023. (3) Development Application DA-929/2022, seeking demolition of existing structures and the construction of a six-storey mixed use development comprising of ground floor commercial premises, a 112-place childcare facility and at grade parking on Lot 31 in DP 555028, also known as 156 Terminus Street, Liverpool, is determined by the grant of consent, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use with childcare centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 37 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 2.7, 4.3, 4.4, 5.10, 7.1, 7.1A, 7.2, 7.3, 7.4, 7.5, 7.5A, 7.16, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.119, 3.23 Texts Cited: Child Care Planning Guidelines, NSW Planning and Environment, 2017 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Liverpool 888 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)