Cedar Design & Construct Pty Ltd v Liverpool City Council [2024] NSWLEC 1607

Land and Environment Court New South Wales

Medium Neutral Citation: Cedar Design & Construct Pty Ltd v Liverpool City Council [2024] NSWLEC 1607 Hearing dates: Conciliation conference on 8 July 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-547/2023 for the demolition of all of the structures above and below ground, tree removal, construction of four two-storey attached townhouses and a shared driveway, provisions of ancillary services, drainage works and landscaping and Strata Title subdivision into four lots at 5 Blackwood Avenue, Casula is determined by a grant of consent subject to conditions contained in Annexure A. Catchwords: APPEAL – development application – multi dwelling housing – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Liverpool Local Environmental Plan 2008, cll 7.7, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.9 State Environmental Planning Policy (Housing) 2021, Ch 2, Pt 1, Div 1, ss 19, 20, Sch 7A s 8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Cedar Design & Construct Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Boskovitz (Solicitor)(Applicant) J Mee (Respondent)