Kingdom Towers 1 Pty Ltd v Liverpool City Council [2019] NSWLEC 1396

Land and Environment Court New South Wales

Medium Neutral Citation: Kingdom Towers 1 Pty Ltd v Liverpool City Council [2019] NSWLEC 1396 Hearing dates: Conciliation conference on 21 June 2019; 9 August 2019 Date of orders: 23 August 2019 Decision date: 23 August 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans and reports referred to in Condition A.1 of the conditions at Annexure 'A' to these orders. (2) The Applicant's written request pursuant to cl 4.6 of the Liverpool Local Environmental Plan 2008 (LLEP) seeking to justify the breach of the building separation clause 7.4 by Mairead Hawes dated 19 July 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of the LLEP that the Applicant's written request adequately addresses the matters required to be demonstrated by subclause (3) thereof. (3) The appeal is upheld (4) Development Application No.625/2018 for consolidation of four (4) lots and construction of a mixed use development consisting of 192 hotel rooms and 72 residential apartment units with 2 ground floor commercial/retail tenancies over 17 storeys and provision of 5 basement parking levels at 402 Macquarie Street, 180-186 & 190 Terminus Street, Liverpool is approved subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – conciliation conference – residential apartment development – residential flat building – clause 4.6 – exceptions to development standards – agreement between the parties – orders Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Regulation 2000 Environmental Planning and Assessment Act 1979 Land and Environment Court 1979 Liverpool Local Environmental Plan 2008 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 - Design Quality of Residential Apartment Development (SEPP65) Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Kingdom Towers 1 Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: P Rigg (Applicant) M Knight (Solicitor)(Respondent)