Holcim (Australia) Pty Ltd v Liverpool City Council [2023] NSWLEC 1587

Land and Environment Court New South Wales

Medium Neutral Citation: Holcim (Australia) Pty Ltd v Liverpool City Council [2023] NSWLEC 1587 Hearing dates: Conciliation conference on 22 September 2023 Date of orders: 10 October 2023 Decision date: 10 October 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 789/2020 for the construction and operation of a concrete batching plant on part of the land at 320 Badgerys Creek Road, Badgerys Creek (Part of Lot 1 DP 1188956), is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1, s 3 Environmental Planning and Assessment Regulation 2000, Sch 3, cl 14 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2,3 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 3.10, 3.11, Ch 4, s 4.6 State Environmental Planning Policy (Resources and Energy) 2021, Ch 2, Pt 2.3 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.122 Texts Cited: Western Sydney Aerotropolis Development Control Plan 2022 Category: Principal judgment Parties: Holcim (Australia) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Baker (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)