De Rigueur v Liverpool City Council [2024] NSWLEC 1369

Land and Environment Court New South Wales

Medium Neutral Citation: De Rigueur v Liverpool City Council [2024] NSWLEC 1369 Hearing dates: Conciliation conferences on 14 March, 19 April and 3 May 2024 Date of orders: 02 July 2024 Decision date: 02 July 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-1179/2022 as amended for the demolition of existing buildings, tree removal, and the construction of a child care centre with basement parking, drainage and landscaping at 62-64 Flowerdale Road, Liverpool 2170, on land legally described as Lot 7 DP 22473 and Lot B DP 414472, is approved subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, 8.15, Sch 1 Div 2 cl 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 Liverpool Local Environmental Plan 2008, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 7.7, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6, 6.21 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: Child Care Planning Guideline, September 2021 Liverpool Development Control Plan 2008 Liverpool Community Participation Plan 2019 Category: Principal judgment Parties: De Rigueur Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Harker (Respondent)