FLDC Pty Ltd v Liverpool City Council [2024] NSWLEC 1475

Land and Environment Court New South Wales

Medium Neutral Citation: FLDC Pty Ltd v Liverpool City Council [2024] NSWLEC 1475 Hearing dates: Conciliation conference on 2 August 2024 Date of orders: 07 August 2024 Decision date: 07 August 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely upon the amended plans and documentation referred to in the index at Annexure A. (2) The appeal is upheld. (3) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (4) Development Application DA19/2023 for the demolition of existing buildings and structures, construction and operation of a three storey childcare centre over basement accommodating 120 children, together with associated facilities, access, and landscaping, at 73 Lachlan Street, Warwick Farm being Lots 1 and 2 in Deposited Plan 1058859 is determined by the grant of consent subject to conditions contained in Annexure B. Catchwords: APPEAL – development application – child care centre – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Liverpool Local Environmental Plan 2008, cll 7.1, 7.4, 7.5, 7.17A, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.48, 2.119, 2.120, 2.122, 3.22, 3.23 Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: FLDC Pty Ltd Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor) (Applicant) J King (Solicitor) (Respondent)