KRV Investments Pty Ltd v Liverpool City Council [2024] NSWLEC 1738

Land and Environment Court New South Wales

Medium Neutral Citation: KRV Investments Pty Ltd v Liverpool City Council [2024] NSWLEC 1738 Hearing dates: 18 and 19 June, 19 July 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed resulting from the amending of the development application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is dismissed. (3) Development Application DA-267/2022 seeking development consent for the construction of 6 residential flat buildings (including affordable housing), 2 shop top housing developments above basement parking and associated works on land legally described as Lot 20 in DP1228502, being 225 Croatia Avenue, Edmondson Park, 2174 is refused. Catchwords: DEVELOPMENT APPEAL – orders – further amendments proposed by the Applicant in conditions of consent – loading and service access to village centre Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.12, 4.64, 8.7, 8.15 Land and Environment Court Act 1979, s 39 Environmental Planning and Assessment Regulation 2021, s 29, 38 Liverpool Local Environmental Plan 2008, Pt 6, cll 4.1, 4.3, 4.4, 4.6, 7.11, State Environmental Planning Policy (Housing) 2021, Ch 4, Schs 7A, 9, ss 8, 19, 144, 145, 147 State Environmental Planning Policy Amendment (Housing) 2023 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development Cases Cited: KRV Investments Pty Ltd v Liverpool City Council [2023] NSWLEC 1436 Texts Cited: Apartment Design Guide 2015 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: KRV Investments Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: J Reid (Applicant) M Harker (Respondent)