Itaoui v Liverpool City Council [2013] NSWLEC 1003

Land and Environment Court New South Wales

Medium Neutral Citation: Itaoui v Liverpool City Council [2013] NSWLEC 1003 Hearing dates: 22, 25 and 26 October 2012 Decision date: 09 January 2013 Jurisdiction: Class 1 Before: Dixon C Decision: (1). I direct the parties to prepare agreed conditions of consent, which reflect my reasons for judgment and forward them to the Court within 14 days. In the event that there is no agreement then the parties are to approach the Registrar to have the matter listed before me to hear submissions in respect of the conditions in dispute. (2). Upon receipt of the agreed conditions I will make final orders. Catchwords: DEVELOPMENT APPEAL - stage one of a natural burial cemetery - non-compliance with DCP minimum burial area - impact on rural character of the area Legislation Cited: Environmental Planning and Assessment Act 1979 Liverpool Local Environmental Plan 2008 Liverpool Development Control Plan 2008 Cases Cited: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Terrace Tower Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Category: Principal judgment Parties: Mr Robert Itaoui (Applicant)

Liverpool City Council (Respondent) Representation: Counsel Mr C Leggat SC (Applicant)

Mr D Baird Solicitor (Respondent) Solicitors Shaw Reynolds Lawyers (Applicant)

HWL Ebsworth Lawyers (Respondent) File Number(s): 10281 of 2012

Judgment

1The applicant seeks approval for the development of a natural burial cemetery at 41 Greendale Road, Bringelly (the site). 2A natural burial cemetery is different to a traditional cemetery. It does not contain traditional headstones or other structures. The aim is to bury the dead within an existing bush land type setting with minimal physical and visual impact to the site or surrounding area.