VCross Development Management Pty Ltd v Liverpool City Council [2019] NSWLEC 1606

Land and Environment Court New South Wales

Medium Neutral Citation: VCross Development Management Pty Ltd v Liverpool City Council [2019] NSWLEC 1606 Hearing dates: Conciliation conference on 13-14 November 2019 Date of orders: 10 December 2019 Decision date: 10 December 2019 Jurisdiction: Class 1 Before: Morris AC Decision: See orders at [9] below Catchwords: DEVELOMENT APPLICATION – subdivision – multi-dwelling housing – neighbourhood shops – roads and parking – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Liverpool Growth Centre Precincts Development Control Plan Category: Principal judgment Parties: VCross Development Management Pty Ltd (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C McEwen SC (Applicant) S Nash (Respondent)

Solicitors: Mills Oakley (Applicant) Liverpool City Council (Respondent) File Number(s): 2018/223884 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against Liverpool City Council's deemed refusal of Development Application No DA-1092/2017. 2. The parties have been working together to address the matters raised in the Council's Statement of Facts and Contentions with the applicant preparing revised plans. 3. The plans that are now the subject of the application propose demolition of existing structures, staged Torrens title subdivision, demolition of existing structures and construction of 33 townhouses, 5 studios and 3 x 4 storey residential flat building containing 113 apartments, public laneways, a neighbourhood shop, 1 internal and 2 external roads, associated car parking and landscaping at 250 and 260 Sixth Avenue, Liverpool. 4. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 13 and 14 November 2019. I presided over the conciliation conference. Through the conciliation process, the parties have agreed on an amended design for the development. 5. Following the conciliation, an agreement under s 34(3) of the LEC Act was reached between the parties as to the terms of a decision in the proceedings that would be acceptable to them. The decision agreed upon is to uphold the appeal and to grant development consent subject to conditions of consent, pursuant to s 4.16 of the EPA Act. 6. As the presiding Commissioner, I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I have formed this state of satisfaction for the following reasons: 1. The proposed development is permissible with consent pursuant to Appendix 8 to State Environmental Planning Policy (Sydney Region Growth Centres) 2006, the land being zoned R3 – Medium Density Residential. 2. The proposed development complies with all of the applicable development standards pursuant to the provisions of State Environmental Planning Policy (Sydney Region Growth Centres) 2006. 3. The relevant provisions of State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development and the Liverpool Growth Centre Precincts Development Control Plan have been considered in the assessment of the proposed development. 4. Owner's consent has been provided for the proposed development and no works are authorised under the consent to be carried out on any adjoining land. 1. As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision. 2. In making the orders to give effect to the agreement between the parties, the parties have not raised and I am not aware of any jurisdictional impediment to the making of these orders. Further, I was not required to make, and have not made, any assessment of the merits of the development application against the discretionary matters that arise pursuant to an assessment under s 4.15 of the EPA Act. 3. The Court orders that: 1. The applicant is granted leave to rely upon the amended plans and documentation: Plan Name Drawing number Revision Date Prepared by Architectural plans Coversheet TP00.00 G 22 November 2017 Rothelowman Site plan TP00.01 E 13 November 2019 Rothelowman Site subdivision TP00.02 G 19 November 2019 Rothelowman Site demolition plan TP00.03 B 6 September 2019 Rothelowman Overall basement plan TP01.01 C 28 October 2019 Rothelowman Overall ground plan TP01.02 G 22 November 2019 Rothelowman Overall level 1 plan TP01.03 D 13 November 2019 Rothelowman Overall level 2 plan TP01.04 D 13 November 2019 Rothelowman Overall level 3 plan TP01.05 D 13 November 2019 Rothelowman Overall roof plan TP01.06 E 13 November 2019 Rothelowman Overall site elevations TP02.01 E 13 November 2019 Rothelowman Site facilities plans TP04.01 C 28 October 2019 Rothelowman Site coverage and deep soil plan TP04.02 C 28 October 2019 Rothelowman Communal open space plan and total landscape area TP04.03 C 28 October 2019 Rothelowman Development summary TP05.01 F 13 November 2019 Rothelowman Apartment / townhouse unit breakdown TP05.02 C 28 October 2019 Rothelowman Storage schedule – building A TP05.03 C 28 October 2019 Rothelowman Storage schedule – building B TP05.04 D 28 October 2019 Rothelowman Storage schedule – building C TP05.05 B 28 October 2019 Rothelowman Site A storage plan 1 TP05.06 A 28 October 2019 Rothelowman Site A storage plan 2 TP05.07 A 28 October 2019 Rothelowman Site B storage plan 1 TP05.08 A 28 October 2019 Rothelowman Site B storage plan 2 TP05.09 A 28 October 2019 Rothelowman Site B storage plan 3 TP05.10 A 28 October 2019 Rothelowman Site B storage plan 4 TP05.11 A 28 October 2019 Rothelowman Adaptable apartment layouts TP08.03 D 1 November 2019 Rothelowman Site A basement plan TP11.01 B 6 September 2019 Rothelowman Site A ground floor plan TP11.02 L 22 November 2019 Rothelowman Site A level 1 plan TP11.03 H 22November 2019 Rothelowman Site A level 2 plan TP11.04 G 22 November 2019 Rothelowman Site A level 3 plan TP11.05 E 14 November 2019 Rothelowman Site A roof plan TP11.06 E 14 November 2019 Rothelowman Site A street elevations TP12.01 E 1 November 2019 Rothelowman Site A street elevations TP12.02 E 1 November 2019 Rothelowman Site A internal elevations TP12.03 E 9 November 2019 Rothelowman Site A internal elevations TP12.04 D 28 October 2019 Rothelowman Site A internal elevations TP12.05 F 13 November 2019 Rothelowman Site A sections TP13.01 D 28 October 2019 Rothelowman Site B basement plan TP21.01 C 13 November 2019 Rothelowman Site B ground floor plan TP21.02 J 22 November 2019 Rothelowman Site B level 1 plan TP21.03 E 22November 2019 Rothelowman Site B level 2 plan TP21.04 D 13 November 2019 Rothelowman Site B level 3 plan TP21.05 E 13 November 2019 Rothelowman Site B roof plan TP21.06 D 13 November 2019 Rothelowman Site B street elevations TP22.01 E 13 November 2019 Rothelowman Site B street elevations TP22.02 C 6 September 2019 Rothelowman Site B internal elevations TP22.03 E 22 November 2019 Rothelowman Site B internal elevations TP22.04 C 6 September 2019 Rothelowman Site B internal elevations TP22.05 C 6 September 2019 Rothelowman Site B sections TP23.01 C 6 September 2019 Rothelowman Townhouse B section TP28.02 - 28 October 2019 Rothelowman Civil plans General arrangement plan CI-060-01 G 25 November 2019 Wood & Grieve Engineers Road layout and intersection plans CI-400-01 E 13 November 2019 Wood & Grieve Engineers Stormwater drainage plan sheet 1 CI-520-01 F 26 November 2019 Wood & Grieve Engineers Stormwater drainage plan sheet 2 CI-520-02 F 26 November 2019 Wood & Grieve Engineers Stormwater drainage plan sheet 3 CI-520-03 E 26 November 2019 Wood & Grieve Engineers Stormwater drainage plan sheet 4 CI-520-04 E 26 November 2019 Wood & Grieve Engineers Subdivision plans Stage 1 - H 25 November 2019 Michael Trifiro Stage 2 - H 25 November 2019 Michael Trifiro Stage 3 - H 25 November 2019 Michael Trifiro Stage 4 - H 25 November 2019 Michael Trifiro Stage 5 - H 25 November 2019 Michael Trifiro Stage 6 - H 25 November 2019 Michael Trifiro Stage 7 - H 25 November 2019 Michael Trifiro