Casula Family Care Pty Ltd v Liverpool City Council [2024] NSWLEC 1741

Land and Environment Court New South Wales

Medium Neutral Citation: Casula Family Care Pty Ltd v Liverpool City Council [2024] NSWLEC 1741 Hearing dates: Conciliation conference 11 November 2024 Date of orders: 19 November 2024 Decision date: 19 November 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-1207/2021 for demolition of existing structures, consolidation of lots, centre-based childcare, medical centre and car parking at 624-634 Hume Highway, Casula, subject to the conditions of consent at Attachment A. Catchwords: DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Liverpool Local Environmental Plan 2008, cll 2.3, 2.7, 4.3, 4.4, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Pt 3 State Environmental Planning Policy (Industry and Employment) 2021 ss 3.1, 3.3, 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.60, 2.119, Sch 9 s 1 Category: Principal judgment Parties: Casula Family Care Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Jucha (Respondent)