LCN Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1505

Land and Environment Court New South Wales

Medium Neutral Citation: LCN Group Pty Ltd v Liverpool City Council [2023] NSWLEC 1505 Hearing dates: Conciliation conferences on 27 June, 9 August and 16 August 2023 Date of orders: 06 September 2023 Decision date: 06 September 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA/1127/2021, as amended, for the demolition of all existing buildings and construction of a 100 place child care centre including basement parking at Lots 47 and 48 in DP215696 and known as 83 Hill Road and 115 Wonga Road Lurnea, is determined by the grant of development consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties - orders Legislation Cited: Education and Care Services National Regulation 2011, rr 107, 108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008 cll 2.3, 4.3, 4.4, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22,23, 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Schedule 9 Texts Cited: Department of Planning, Industry and Environment Child Care Planning Guideline 2021 Category: Principal judgment Parties: LCN Group Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) A Guy (Solicitor) (Respondent)