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[2026] NSWLEC 1059
General information, not legal advice.
Land and Environment Court (NSW)
2026-02-13
Targett C
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Hannover Pty Ltd as trustee for RK Trust v Liverpool City Council [2026] NSWLEC 1059
Hearing dates: Conciliation Conference 1 December 2025
Date of orders: 13 February 2026
Decision date: 13 February 2026
Jurisdiction: Class 1
Before: Targett C
Decision: The Court orders that:
(1) The appeal is upheld.
(2) Development consent is granted to Development Application No. DA-577/2024 (as amended) for the demolition of existing structures, tree removal, construction of multi-dwelling housing comprising 17 units pursuant to the State Environmental Planning Policy (Housing) 2021 with strata subdivision on land legally described as Lot 1 in Deposited Plan 875407 and known as 599-601 Hume Highway, Casula, subject to the conditions at Annexure A.
(3) The applicant is to pay the respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed.
Catchwords: APPEAL — Development application — multi dwelling housing — conciliation conference — agreement between the parties — orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979 (NSW), ss 17, 34 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Liverpool Local Environmental Plan 2006 ss 4.3, 4.4, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6 State Environmental Planning Policy (Housing) 2021, ss 15C, 19, 20, 21 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120
Texts Cited: Liverpool Development Control Plan 2008
Category: Principal judgment
Parties: Hannover Pty Ltd as trustee for RK Trust (Applicant)
Liverpool City Council (Respondent)
Representation: Counsel:
L Nurpuri (Applicant)
J Garcia (Solicitor) (Respondent)
Solicitors:
Miller Prince (Applicant)
Liverpool City Council (Respondent)
File Number(s): 2025/99293
Publication restriction: Nil
This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) by the applicant against the respondent’s deemed refusal of the applicant’s development application No DA-577/2024 (Development Application). The Development Application sought consent for the demolition of all existing structures, tree removal, construction of a multi-dwelling development consisting of 20 multi-dwelling units pursuant to the State Environmental Planning Policy (Housing) 2021 (SEPP Housing) with strata subdivision at Lot 1 in Deposited Plan 875408, also known as 599-601 Hume Highway, Casula NSW (Subject Land).
The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (NSW) (LEC Act).
The Development Application was lodged with the respondent on 5 December 2024.
The Development Application was notified between 11 December 2024 and 22 January 2025.
On 25 February 2025, the proceedings were commenced in relation to the deemed refusal of the Development Application, being within the appeal period prescribed by ss 8.10 and 8.11 of the EPA Act.
The Court arranged a conciliation conference under s 34 of LEC Act between the parties, which was terminated on 24 July 2025.
The matter was set down for hearing on 1 and 2 December 2025. Prior to the hearing, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. Amended plans and further documentation (Amended Development Application) were provided to the Court on 1 December 2025 (cited at [37]) in conjunction with a signed s 34 agreement and agreed jurisdictional statement. The parties requested, and were granted, a further conciliation conference which was held on 1 December 2025, following which the hearing was vacated. I presided over the conciliation conference.
The amendments primarily include:
reducing the multi-dwelling units from 20 to 17;
increasing landscaping; and
providing three visitor car parking spaces.
The decision agreed upon is for the grant of consent to the Amended Development Application, subject to conditions of consent.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions.
Section 2.119 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (TI SEPP) applies to the Amended Development Application as the Subject Land has a frontage to a classified road (Hume Highway). The parties agree, and I accept that, the proposed access will be via Doncaster Avenue and having regard to the Parking & Traffic Impact Assessment prepared by Hamanote Consultants dated 27 September 2025 (Parking & Traffic Assessment), the matters listed in s 2.119(2) of the TI SEPP are satisfied.
Section 2.120 of the TI SEPP also applies to the Amended Development Application as the proposal is for residential accommodation on land adjacent to a road with an annual average daily traffic volume of more than 20,000 vehicles. The parties agree, and I accept that, having regard to the Traffic Noise Assessment prepared by Rodney Stevens Acoustics dated 28 November 2025, the matters listed in s 2.120(3) of the TI SEPP are satisfied.
(a) it has considered whether the land is contaminated; and (b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable, after remediation) for the purpose for which the development is proposed to be carried out; and (c) if the land requires remediation to be made suitable for the purpose for which the development is proposed to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.
The Amended Development Application contains a Preliminary Site Investigation Report prepared by Geotechnical Consultants Australia dated 31 March 2025 (PSI). The PSI concludes that the Subject Land is considered suitable for the proposed use provided certain recommendations are implemented. The recommendations in the PSI are incorporated in the Agreed Conditions (see Conditions, 61, 63, 124 and 125).
The parties agree, and I accept that, having regard to the PSI and Agreed Conditions, the requirements of s 4.6(1) of the RH SEPP are satisfied.
The parties agree that the State Environmental Planning Policy (Housing) 2021 (Housing SEPP) applies to the Amended Development Application as the proposed development meets the requirements of s 15C of the Housing SEPP.
Section 19 of the Housing SEPP sets out the non-discretionary development standards that apply to affordable housing development. The parties agree, and I accept, that the proposal satisfies the requirements in s 19 of the Housing SEPP having regard to the analysis in the Addendum Statement of Environmental Effects prepared by Pivotal Planning dated 27 November 2025 (Addendum SEE) (pp 9-11).
Pursuant to s 20 of the Housing SEPP, development consent must not be granted to development for the purposes of multi dwelling housing unless the consent authority has considered specified matters. The parties agree, and I accept, that having regard to the Addendum SEE (Appendix B) and jurisdictional statement, the matters in s 20 have been considered.
Section 21 of the Housing SEPP relevantly requires the consent authority to be satisfied that the affordable housing component of the development will be used for affordable housing for at least 15 years following the issue of an occupation certificate and that the affordable housing component will be managed by a registered community housing provider. Condition 8 of the Agreed Conditions adequately addresses s 21 of the Housing SEPP. In determining the Amended Development Application, I am satisfied of the matters set out in s 21 of the Housing SEPP, having regard to condition 8 of the Agreed Conditions.
• To provide for the housing needs of the community within a medium density residential environment.
• To provide a variety of housing types within a medium density residential environment.
• To enable other land uses that provide facilities or services to meet the day to day needs of residents.
• To provide for a concentration of housing with access to services and facilities.
• To provide for a suitable visual transition between high density residential areas and lower density areas.
• To ensure that a high level of residential amenity is achieved and maintained.
The parties agree that the Amended Development Application is consistent with the objectives of the R3 zone and that the proposal will only be carried out on that part of the Subject Land zoned R3.
Pursuant to cl 4.3 of the LEP, a maximum height standard of 8.5m applies to the Subject Land. The parties agree that the Amended Development Application complies with this standard.
Pursuant to cl 4.4(2A) of the LEP, a maximum floor space ratio (FSR) development standard of 0.5:1 applies to the Subject Land. The parties agree that the Amended Development Application complies with this standard.
Pursuant to cl 7.31(3) of the LEP relating to earthworks, the consent authority must consider specified matters prior to granting consent. The parties agree, and I accept, that only very minor excavation is proposed, and the proposal is acceptable having regard to the Addendum SEE (pp 22-25) and Agreed Conditions.
In relation to s 4.15(1)(b) of the EPA Act, the parties agree that the proposed development will not have a significant impact on the natural or built environment (see p 34 of the Addendum SEE).
In relation to s 4.15(1)(c), the parties agree that the Subject Land is suitable for the proposed development (see p 34 of the Addendum SEE).
In respect of s 4.15(1)(d), the Development Application was notified between 11 December 2024 and 22 January 2025. Two written submissions were received in response to the notification of the proposal, raising issues regarding increased traffic and parking problems in Doncaster Avenue and the need to provide adequate visitor parking.
I am satisfied that the written submissions received have been taken into consideration in the assessment and determination of the Amended Development Application.
In relation to s 4.15(1)(e), the parties agree that the proposed development is in the public interest (see pp 34-35 of the Addendum SEE).
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.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The Court notes that the respondent, as the relevant consent authority, has approved under s 38(1) of the Environmental Planning and Assessment Regulation 2021 (NSW), to the applicant amending its Development Application No. DA-577/2024 in accordance with the following amended plans:
| Drawing No and Revision | Title | Prepared by | Date | | Architectural Plans | | 1 | Drawing No. 00, Revision J | Cover Page | Baini Design | 28 November 2025 | | Drawing No. 01, Revision J | Compliance Table | | Drawing No. 02, Revision J | Site Context Plan | | Drawing No. 03, Revision J | Site Analysis Plan | | Drawing No. 04, Revision J | Demolition Plan | | Drawing No. 05, Revision J | Site Plan | | Drawing No. 06, Revision J | Ground Floor Plan | | Drawing No. 07, Revision J | First Floor Plan | | Drawing No. 08, Revision J | Roof Plan | | Drawing No. 09, Revision J | Elevations | | Drawing No. 09-1, Revision J | Elevations | | Drawing No. 10, Revision J | Sections | | Drawing No. 11, Revision J | Schedule Of Finishes - U 1-9 | | Drawing No. 12, Revision J | Schedule Of Finishes - U 10-17 | | Drawing No. 13, Revision J | Ground Floor FSR. Plan | | Drawing No. 14, Revision J | First Floor FSR. Plan | | Drawing No. 15, Revision J | POS Plan | | Drawing No. 16, Revision J | Landscape Calc. Plan | | Drawing No. 17, Revision J | Solar Access - 9am | | Drawing No. 18, Revision J | Solar Access - 10am | | Drawing No. 19, Revision J | Solar Access - 11am | | Drawing No. 20, Revision J | Solar Access - 12pm | | Drawing No. 21, Revision J | Solar Access - 1pm | | Drawing No. 22, Revision J | Solar Access - 2pm | | Drawing No. 23, Revision J | Solar Access - 3pm | | Drawing No. 24, Revision J | Front Facade 3D View | | Drawing No. 25, Revision J | Streetscape Elevation | | Landscaping Plans | | 2 | Drawing No. 96.25(24)/210’D’, Revision D | Landscape Plan 1 | iScape Landscape Architects | 18 November 2025 | | Drawing No. 96.25(24)/211’D’, Revision D | Landscape Plan 2 | | Reports | | 3 | Estimated Development Cost Report | Australian Quantity Surveying | 27 November 2025 | | 4 | Addendum Statement of Environmental Effects | Pivotal Planning Pty Ltd | 27 November 2025 | | 5 | Addendum Traffic & Parking Report – Post Section 34 | Hemanote Consultants Pty Ltd | 28 November 2025 | | 6 | Traffic Noise Assessment | Rodney Stevens Acoustics Pty Ltd | 28 November 2025 | | 7 | Amended Waste Management Plan | Dickens Solutions Pty Ltd | November 2025 | | 8 | Preliminary Site Investigation | Geotechnical Consultants Australia | 31 March 2025 | | 9 | BASIX Certificate (Certificate No. 1822428M_02) | Oliver Richards | 26 November 2025 |
The Court orders that:
The appeal is upheld.
Development consent is granted to Development Application No. DA-577/2024 (as amended) for the demolition of existing structures, tree removal, construction of multi-dwelling housing comprising 17 units pursuant to the State Environmental Planning Policy (Housing) 2021 with strata subdivision on land legally described as Lot 1 in Deposited Plan 875407 and known as 599-601 Hume Highway, Casula, subject to the conditions at Annexure A.
The applicant is to pay the respondent’s costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed.
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Annexure A (465 KB, pdf)
Hannover Pty Ltd as trustee for RK Trust
Liverpool City Council [2026] NSWLEC 1059