Naamo v Liverpool City Council [2024] NSWLEC 1435

Land and Environment Court New South Wales

Medium Neutral Citation: Naamo v Liverpool City Council [2024] NSWLEC 1435 Hearing dates: Conciliation conference 1 February, 12 July 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA-623/2022 for demolition of existing structures and the construction of three dwellings with strata subdivision at 1 Bundemar Street, Miller is determined by the grant of consent, subject to the conditions in Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment to DA‑623/2022 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6000 within 28 days. Catchwords: DEVELOPMENT APPLICATION –­­ new multi dwelling housing development – conciliation conference – amended plans – agreement reached between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Strata Schemes Development Act 2015 Environmental Planning and Assessment Regulation 2021, ss 27, 38 Liverpool Local Environmental Plan 2008, cll 2.3, 4.1, 4.3, 4.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 11.6, 11.7, 11.8, Ch 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Rawnivr Naamo (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) A Foley (Solicitor) (Respondent)