Okinawa Pty Ltd v Liverpool City Council [2023] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: Okinawa Pty Ltd v Liverpool City Council [2023] NSWLEC 1228 Hearing dates: Conciliation conference on 17 March 2023, 5 April 2023 and 13 April 2023 Date of orders: 16 May 2023 Decision date: 16 May 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA 676/2022 seeking Development Consent for a multi dwelling housing development comprising seven dwellings with associated seven lot Strata Subdivision, civil works including bulk earthworks, construction of retaining walls, service connections and landscaping at Lot 635, DP1245754 Caldwell Avenue, Edmondson Park, is determined by the granting of Development Consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing - amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 4.3, 4.4, 6.5, 7.31 Rural Fires Act 1997 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.120 Category: Principal judgment Parties: Okinawa Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor)(Applicant) C Campbell (Solicitor)(Respondent)