Casula Developments Enterprises Pty Ltd v Liverpool City Council [2023] NSWLEC 1438

Land and Environment Court New South Wales

Medium Neutral Citation: Casula Developments Enterprises Pty Ltd v Liverpool City Council [2023] NSWLEC 1438 Hearing dates: Conciliation conference on 23 June 2023, 26 July 2023 Date of orders: 10 August 2023 Decision date: 10 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Consent is granted to Development Application DA-609/2021, as amended during Land and Environment Court Proceedings 2022/384949, for the demolition of the existing improvements and construction of a new service station, car wash facility and associated signage, tree removal and car parking at 694-696 Hume Highway, Casula, subject to the conditions of consent annexed hereto and marked Annexure A. Catchwords: APPEAL – development application – service station and carwash – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cl 7.31 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 3.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Category: Principal judgment Parties: Casula Developments Enterprises Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)