McKay Avenue Pty Ltd v Liverpool City Council [2024] NSWLEC 1611

Land and Environment Court New South Wales

Medium Neutral Citation: McKay Avenue Pty Ltd v Liverpool City Council [2024] NSWLEC 1611 Hearing dates: Conciliation conference on 23 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 consent is granted to DA-578/2023, as amended, for the amalgamation of two separate land parcels and demolition of all existing structures in-order to construct a 3-storey, 102 place centre-based child care facility with a total of 26 car parking spaces over a basement level, on land legally described as Lot 70 and 71 in DP235785 and known as 10 and 12 Mckay Avenue Moorebank, subject to the conditions at Annexure A. 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 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.25 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: McKay Avenue Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Najem (Solicitor) (Applicant) D Galpin (Solicitor) (Respondent)