Nguyen v Liverpool City Council [2024] NSWLEC 1249

Land and Environment Court New South Wales

Medium Neutral Citation: Nguyen v Liverpool City Council [2024] NSWLEC 1249 Hearing dates: Conciliation Conference on 29 April 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No. DA-1444/2021 for the construction of a detached double carport and the conversion and use of part of the existing double garage as a habitable space on the land at 75 Taubman Drive, Horningsea Park 2171 legally known as Lot 584 in Deposited Plan 1009062 subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1, Div 2, subs 7(1) Land and Environment Court Act 1979, ss 34, 34AA, 39 Environmental Planning and Assessment Regulation 2021, s 38 Liverpool Local Environmental Plan 2008, cll 2.2, 2.3, 4.3, 4.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Liverpool Community Participation Plan 2019 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Tien Kieu Thi Nguyen (Applicant) Liverpool Council (Respondent) Representation: Counsel: Tien Kieu Thi Nguyen (Self-Represented) (Applicant) A Jucha (Solicitor) (Respondent)