Borg v Liverpool City Council [2024] NSWLEC 1650

Land and Environment Court New South Wales

Medium Neutral Citation: Borg v Liverpool City Council [2024] NSWLEC 1650 Hearing dates: Conciliation conference on 12 September 2024 Date of orders: 17 October 2024 Decision date: 17 October 2024 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-116/2022 for the continued use and works of the site at 145 Mersey Road, Bringelly being Lot 16 in Deposited Plan 2650 for Landscape Material Supplies, construction of a new mulching/storage shed, use of existing buildings for office space and staff amenities, use of existing truck wash, workshop and fuelling shed, retention of existing signage, installation of wastewater management system and improvements to storm water management system, subject to conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Airports Act 1996 Environmental Planning and Assessment Act 1979, ss 4.5, 4.12, 4.15, 4.16, 4.17, 8.7, 8.11, 8.14, Land and Environment Court Act 1979, ss 17, 34 Environmental Planning and Assessment Regulation 2000, cll 55, 271 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3 State Environmental Planning Policy (Precinct– Western Sydney Parklands) 2024, Ch 4, Pts 4.3, 4.4, 4.5, ss 4.12, 4.17, 4.18, 4.19, 4.20, 4.21, 4.22, 4.23, 4.23A, 4.32 State Environmental Planning Policy (Resilience and Hazards) 2021, Chs 3, 4 Texts Cited: City of Liverpool's Aerotropolis s7.12 Contributions Plan 2024 City of Liverpool's Community Participation Plan 2022 Category: Principal judgment Parties: Tanya Borg (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Koikas (Applicant) A Guy (Solicitor)(Respondent)