Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1384

Land and Environment Court New South Wales

Medium Neutral Citation: Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1384 Hearing dates: Conciliation Conferences on 19 May, 9, 20, 28 and 30 June 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-549/2022 for the construction of a transport depot at 20 Bernera Road, Prestons (Lot 1007, DP 1273535), including an ancillary workshop, office and laboratory, is approved subject to the conditions in accordance with Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.2, 4.3, 4.4, 5.21, 7.6, 7.7, 7.31 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: Liverpool Community Participation Plan 2019 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Hi-Quality Quarry (NSW) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: P Holland (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)