ANBZ Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: ANBZ Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1512 Hearing dates: Conciliation conference held 16 June, 7, 21 and 24 July, and 7 and 15 August 2023, final agreement filed 24 August 2023 Date of orders: 11 September 2023 Decision date: 11 September 2023 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-1139/2022 and rely upon the amended plans and documents referred to at Condition 1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application as agreed or assessed. (3) The Applicant's written request, pursuant to cl 4.6 of the Liverpool Local Environmental Plan 2008 (LLEP), seeking to vary the development standard for height of building as set out at cl 4.3 of the LLEP, is upheld. (4) The appeal is upheld. (5) Consent is granted to Development Application DA-1139/2022 (as amended) for the demolition of existing building and structures, removal of existing trees and construction of industrial development comprising 16 warehouses with mezzanines, 53 storage units on the first floor, car parking and associated landscaping at 3-5 Hume Highway, Warwick Farm, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – industrial development – cl 4.6 written request – height of buildings – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 s 38 Liverpool Local Environmental Plan 2008, cll 2.3, 4.3, 4.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 11 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 Texts Cited: NSW Department of Planning and Environment, Planning Circular PS 18-003, February 2018 Category: Principal judgment Parties: ANBZ Investments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Ede (Solicitor)(Applicant) C Campbell (Solicitor)(Respondent)