Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1583

Land and Environment Court New South Wales

Medium Neutral Citation: Hi-Quality Quarry (NSW) Pty Ltd v Liverpool City Council [2023] NSWLEC 1583 Hearing dates: Conciliation conference on 3 October 2023 Date of orders: 05 October 2023 Decision date: 05 October 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development application no. DA-585/2022 for a landscaping materials supplies facility including associated landscaping and earthworks at 70 Range Road, Cecil Park NSW 2178 (Lot 12 DP 1065416) is determined by the grant of consent subject to the conditions set out in Annexure "A". Catchwords: APPEAL – development application – landscaping materials supplies facility – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16 Environmental Planning and Assessment Regulation 2021, ss 23(1)(b), 271 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 5.21, 7.6, 7.31 Rural Fires Act 1997, s 63 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 2.10; Chs 2, 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6; Chs 3, 4 Water Management Act 2000 Texts Cited: Liverpool Development Control Plan 2012 Planning for Bush Fire Protection 2019 Category: Principal judgment Parties: Hi-Quality Quarry (NSW) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: P Holland (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)