Hano Halanka Pty Ltd v Liverpool City Council [2024] NSWLEC 1553

Land and Environment Court New South Wales

Medium Neutral Citation: Hano Halanka Pty Ltd v Liverpool City Council [2024] NSWLEC 1553 Hearing dates: Conciliation Conference 26 July, 9, 19, 26 and 29 August 2024 Date of orders: 10 September 2024 Decision date: 10 September 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) Development consent is granted to No. DA-461/2023, as amended, for the amalgamation of two separate land parcels and demolish all existing structures in-order to construct a 2 storey x 110 place 'Centre-Based Child Care Facility' with a total of 30 car parking space over a basement level, on land legally described as Lot 5 in DP238358 and Lot 6 in DP238358 and known as 33 and 35 Stewart Avenue, Hammondville, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – centre based child care facility – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations (2011 SI 653) Environmental Planning and Assessment Regulation 2021 ss 37, 38 Liverpool Local Environmental Plan 2008, cll 4.3, 4.4 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Part 3.3, ss 3.22, 3.23, 3.25, 3.26 and 3.27 Category: Principal judgment Parties: Hano Halanka Pty Ltd ACN 649130576 (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Najem (Solicitor)(Applicant) J Garcia (Solicitor)(Respondent)