Land and Environment Court of New South Wales CITATION : F S Architects Pty Limited v Liverpool City Council [2005] NSWLEC 21 APPLICANT F S Architects Pty Limited PARTIES : RESPONDENT Liverpool City Council FILE NUMBER(S) : 11177 of 2004 CORAM: Hussey C Development Application :- Consent Orders - Conditions KEY ISSUES: Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Liverpool Local Environmental Plan - (LEP) Development Control Plan - (DCP) DATES OF HEARING: 20/01/2005 (Orders) EX TEMPORE JUDGMENT DATE : 01/20/2005 APPLICANT Mr M Pearce of Bowen & Gerathy LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton of Marsdens JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Hussey C 20 January 2005 11177 of 2004 F S Architects Pty Limited v Liverpool City Council JUDGMENT 1 I am now in a position now to finalise this matter. I gave my preliminary finding originally that I considered the consent orders could be made, but the outstanding matters of the unresolved conditions that go with those consent orders, needed finalisation. Those matters included those raised by the residents relating to on-street parking, traffic control, and also noise attenuation/control concerns arising from noise from the children at the child care centre. Also there was the further outstanding matter of s 94 contributions. 2 These matters have been further reviewed and the first two matters on parking, noise attenuation, have been addressed by updated conditions in the consent orders, and I understand now the s 94 contribution is agreed by the parties. 3 On this basis then I am satisfied that these updated consent orders, (exhibit 8), should be made. The only minor change I make is Order 3, regarding return of exhibits. 4 So the consent orders are: 1. The appeal is upheld. 2. The development application numbered DA 2542/04, lodged with the respondent for the erection and use of a child care centre, at lot 2256 in DP 1004302, No. 1, Watts Place, West Hoxton, is approved subject to the conditions in Annexure A to these orders. 3. The exhibits may be returned except for exhibits A, B, 7 and 8. _______________________ R Hussey Commissioner of the Court ljr DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.