Thompson 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1733

Land and Environment Court New South Wales

Medium Neutral Citation: Thompson 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1733 Hearing dates: Conciliation Conference 27 November 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) Development Application No: DA-253/2023, for alterations and additions to the approved childcare centre approved under Development Consent No. DA-651/2022 to increase capacity by 10 children to a total of 120 children and provide an additional 3 car spaces at 22-24 Thompson Avenue, Moorebank, is determined by way of grant of consent, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – alterations and additions – boarding house – heritage – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Service National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.7, 4.3, 4.4, 5.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, Pt 3.26 Texts Cited: Liverpool City Council Community Engagement Strategy 2021-22 Liverpool Community Participation Plan 2022 Category: Principal judgment Parties: Thompson 888 Pty Ltd ABN 50 624 710 881 (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Smith (Applicant) D Loether (Solicitor) (Respondent)