Wohl Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1614

Land and Environment Court New South Wales

Medium Neutral Citation: Wohl Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1614 Hearing dates: Conciliation conference on 6 October 2023 Date of orders: 18 October 2023 Decision date: 18 October 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The written request pursuant to cl 4.6 of Liverpool Local Environmental Plan 2008, dated 16 June 2023 and prepared by Higgins Planning is upheld. (2) That the applicant is to pay to the respondent's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development application DA-42/2021, as amended, for the demolition of existing buildings and structures, construction and operation of a seniors housing development involving a 108 room residential care facility in a three-storey building over a basement, together with associated facilities, access, and landscaping under State Environmental planning Policy (Housing for Seniors or People with a Disability) 2004 at 173 Elizabeth Drive and 18 Woodlands Road, Liverpool, is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 2.7, 4.6 State Environmental Planning Policy (Housing) 2021 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004, cll 5, 26, 28, 30, 40, 48 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.119 Cases Cited: Ku-ring-gai Council v Pathways Property Groups Pty Ltd [2018] NSWLEC 73 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: Wohl Investments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)