JAYC Pty Ltd v Liverpool City Council [2023] NSWLEC 1573

Land and Environment Court New South Wales

Medium Neutral Citation: JAYC Pty Ltd v Liverpool City Council [2023] NSWLEC 1573 Hearing dates: Conciliation conference on 3 August and 12 September 2023 Date of orders: 29 September 2023 Decision date: 29 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development application DA-2/2023 for the demolition of structures and the construction of a two-storey child care centre for 120 children with basement car parking at 31 Balanada Avenue, Chipping Norton NSW 2017 is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: centre based child care facility in R3 Medium Density Residential zone – conciliation conference – agreement between parties - orders Legislation Cited: 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 Liverpool Local Environmental Plan 2008, cll 4.3, 4.4, 5.10, 7.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport & Infrastructure) 2021, ss 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guidelines, September 2021 Category: Principal judgment Parties: JAYC Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: N Touma (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)