17 Manson Pty Ltd v Liverpool City Council [2024] NSWLEC 1401

Land and Environment Court New South Wales

Medium Neutral Citation: 17 Manson Pty Ltd v Liverpool City Council [2024] NSWLEC 1401 Hearing dates: Conciliation conference 28 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-1247/2022, as amended, for the demolition of existing structures, amalgamation of two lots, tree removal, landscape works and construction of a two-storey 100 place child care centre with basement car parking, on land legally described as Lot 393 in DP222642 and 394 in DP222642 and known as 12 – 14 Coonong Street, Busby NSW 2168, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care centre – 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, 2.7, 4.3, 4.4 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.22, 3.23, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: 17 Manson Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Johnson (Solicitor) (Applicant) D Galpin (Solicitor) (Respondent)