Birch Jam Pty Ltd v Liverpool City Council [2023] NSWLEC 1628

Land and Environment Court New South Wales

Medium Neutral Citation: Birch Jam Pty Ltd v Liverpool City Council [2023] NSWLEC 1628 Hearing dates: Conciliation conference on 19 June 2023 Date of orders: 24 October 2023 Decision date: 24 October 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application No. 1111/2022 and to rely upon the amended plans and documents listed at [10(2)]. (2) The Applicant is to pay the Respondent's costs pursuant to 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $1,000, within 28 days. (3) The appeal is upheld. (4) Development Application No. 1111/2022 for the construction of a two-storey x 87 place 'Centre-Based Child Care Facility' with a total of 22 car parking spaces over a basement level. Amalgamate two separate land parcels, remove identified trees and the demolition of all existing structure at the properties comprised in folio identifiers 62/244786 known as 15 Birch Avenue, Casula NSW 2170 and 63/244786 known as 13 Birch Avenue, Casula NSW 2170, is approved subject to the conditions included at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 4.3, 4.4, 5.10, 7.6, 7.7, 7.8, 7.11, 7.12, 7.13, 7.17, 7.18 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Birch Jam Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Draybi (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)