GG PV Ballina Pty Ltd v Liverpool City Council [2023] NSWLEC 1387

Land and Environment Court New South Wales

Medium Neutral Citation: GG PV Ballina Pty Ltd v Liverpool City Council [2023] NSWLEC 1387 Hearing dates: Conciliation conference on 14 and 27 June Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) Leave is granted to amend the Development Application DA-940/2018, lodged on 19 December 2018 in accordance with the following amended plans and documentation: a. Stormwater Drainage Plans prepared by Boro Seizov of Henry and Hymas dated 17 March 2023 (Issue 01); and b. Stormwater Strategy Letter prepared by Boro Seizov of Henry and Hymas dated 25 May 2023. (2) The appeal is upheld. (3) Development Application No. DA 940/2018 seeking development consent for the demolition of existing structures and construction of a multi dwelling housing development comprising of eight dwellings (including two affordable rental housing units) above basement car parking, with associated drainage and landscaping works at 198 Newbridge Road Moorebank, 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 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 85,86,87 Category: Principal judgment Parties: GG PV Ballina Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Pearman (Applicant) C Campbell (Solicitor)(Respondent)