Blue Fountain Pty Ltd v Liverpool City Council [2024] NSWLEC 1640

Land and Environment Court New South Wales

Medium Neutral Citation: Blue Fountain Pty Ltd v Liverpool City Council [2024] NSWLEC 1640 Hearing dates: Conciliation Conference on 12 August 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA-698/2019 is modified in the terms set out in Annexure 'A'. (3) Development Consent No. DA-698/2019, as modified by the Court, is set out in Annexure 'B'. Catchwords: APPEAL – MODIFICATION – staging of works - conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulations 2021, s 113 Liverpool Local Environmental Plan 2008 Category: Principal judgment Parties: Blue Fountain Pty Ltd (Applicants) Liverpool City Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) P Hudson (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Marsdens (Respondent) File Number(s): 2023/134130 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 NSW (EPA Act) in respect of a Modification Application No DA-698/2019/A (MOD) determined by Liverpool City Council to modify development consent No DA-698/2019 to introduce staging, amended building layout and design, stormwater drainage and roadworks at t 2000 Camden Valley Way, Edmondson Park, NSW being Lot 97 and Lot 100 in DP 1217431 (the Site).