Denoci Pty Limited v Liverpool City Council [2019] NSWLEC 1643

Land and Environment Court New South Wales

Medium Neutral Citation: Denoci Pty Limited v Liverpool City Council [2019] NSWLEC 1643 Hearing dates: 30 May 2019; 25 July 2019; 8 October 2019 Date of orders: 24 December 2019 Decision date: 24 December 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed.

(2) The Applicant's development application DA-734/2018 seeking consent for site earthworks and the removal of vegetation to accommodate a future footprint for two warehouse buildings is determined by refusal.

(3) The exhibits are returned, except exhibits B and 2. Catchwords: DEVELOPMENT APPLICATION – Earthworks – proposed clearing of an endangered ecological community – species impact statement – significant impact on an endangered ecological community – significant impact on threatened species – functionality of ecological corridor adversely impacted – development application does not comply with cll 7.6 and 7.31 of Liverpool Local Environment Plan – regard had to objectives of IN3 zone – retention of ecologically significant land not incompatible with zoning Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2017 Biodiversity Conservation (Savings and Transitional) Regulations 2017 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Fisheries Management Act 1994 Liverpool Local Environment Plan 2008 State Environmental Planning Policy No 1 Development Standards State Environmental Planning Policy No 55—Remediation of Land Threatened Species Conservation Act 1995 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Stockland Development Pty Ltd v Manly Council (2004) 136 LGERA 254; NSWLEC 472 Timpag Investments Pty Limited v Liverpool City Council [2018] NSWLEC 1296 Webhe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Liverpool Development Control Plan 2008 NSW Office of Water Guidelines for Vegetation Management Plans on Waterfront Land, Department of Trade and Investment, Regional Infrastructure and Services, 2012 Category: Principal judgment Parties: Denoci Pty Limited (Applicant) Liverpool City Council (Respondent) Representation: Counsel: M Wright SC (Applicant) A Seton (Solicitor) (Respondent)