Templeton Crescent Pty Ltd v Liverpool City Council [2023] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Templeton Crescent Pty Ltd v Liverpool City Council [2023] NSWLEC 1521 Hearing dates: Conciliation conference on 11 August and 31 August 2023 Date of orders: 13 September 2023 Decision date: 13 September 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The Applicant to pay the Respondent's costs thrown away as a result of the amendments made in the sum of $1,000, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, within 28 days of these orders. (2) The appeal is upheld. (3) Development Application DA-834/2022 for demolition of existing dwellings and ancillary structures, lot consolidation, construction of a centre-based child care facility accommodating 82 children and associated at grade car parking at 21-23 Templeton Crescent, Moorebank, is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – child care facility – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011, rr 107,108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979 s 34(1) Liverpool Local Environmental Plan 2008 cll 2.1, 4.3, 4.4, 5.21, 7.31 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 3.22, 3.23, 3.26 Texts Cited: NSW Department of Planning, Industry and Environment Child Care Planning Guideline, 2021 Category: Principal judgment Parties: Templeton Crescent Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Marginson (Solicitor)(Applicant) K Mortimer (Solicitor) (Respondent)