Pivotal Planning Pty Ltd v Liverpool City Council [2024] NSWLEC 1400

Land and Environment Court New South Wales

Medium Neutral Citation: Pivotal Planning Pty Ltd v Liverpool City Council [2024] NSWLEC 1400 Hearing dates: Conciliation conference 1 May 2024 Date of orders: 12 July 2024 Decision date: 12 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application, the subject of Order (3), within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development consent is granted to DA-435/2023 for demolition of all structures and trees, lot consolidation and construction of a multi dwelling housing development with strata subdivision at 13-15 Flowerdale Road, Liverpool, subject to conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Liverpool Local Environmental Plan 2008, cll 2.3, 2.6, 2.7, 4.3, 4.4, 7.31 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 Category: Principal judgment Parties: Pivotal Planning Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) D Galpin (Solicitor) (Respondent)