Sayed v Liverpool City Council [2023] NSWLEC 1761

Land and Environment Court New South Wales

Medium Neutral Citation: Sayed v Liverpool City Council [2023] NSWLEC 1761 Hearing dates: Conciliation conference 8, 11 December 2023 Date of orders: 11 December 2023 Decision date: 11 December 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA1030/2020 for demolition of a single storey dwelling house and construction of a part single / part double storey child care centre to cater for 57 children at 26 Nineteenth Avenue, Hoxton Park NSW 2171 (legally described as Lot 798 DP 847956) is determined by the grant of consent subject to the conditions in Annexure A. Catchwords: APPEAL – development application – child care centre – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cl 7.31 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23, 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9, s 1 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Mohamed Sayed (First Applicant) Ghiwa Dannaoui (Second Applicant) Liverpool City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) A Seton (Solicitor) (Respondent)