Coronation (33 Shepherd St) Pty Ltd v Liverpool City Council [2019] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: Coronation (33 Shepherd St) Pty Ltd v Liverpool City Council [2019] NSWLEC 1170 Hearing dates: 2-3 April 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Class 1 Before: Horton C Decision: (1) The applicant is granted leave to amend the application for development consent, by relying on the documentation listed in condition Part 2 (A)(1) of Annexure A and subject to the applicant paying those costs of the respondent thrown away as a result of the amendment of the application, as agreed or assessed. (2) The written request dated March 2019, pursuant to clause 4.6 of the Liverpool Local Environmental Plan 2008 seeking a variation to the development standard for height of buildings set out in clause 4.3 is upheld. (3) The appeal is upheld. (4) Development Application No. 471/2017 for the construction of a 17-storey residential flat building consisting of 200 apartments over 3 levels of basement parking; with associated landscape and drainage works, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 3, C and M, are returned. Catchwords: DEVELOPMENT APPLICATION: apartment design guide – residential apartment development – design excellence – Liverpool city centre Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 1979 Greater Metropolitan Regional Environmental Plan No.2 – Georges River Catchment Liverpool Local Environmental Plan 2008 State Environmental Planning Policy (BASIX) 2004 State Environmental Planning Policy No.55 – Remediation of Land State Environmental Planning Policy No.65 – Design Quality of Residential Apartment Development Water Management Act 2000 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Category: Principal judgment Parties: Coronation (33 Shepherd St) Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)