Liverpool 888 Pty Ltd v Liverpool City Council [2025] NSWLEC 1009 | Case summary

Judgment (5 paragraphs)

[1]

Judgment

COMMISSIONER: This is a Class 1 Development Application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (EPA Act) being a Modification Application to the Court to modify the consent DA929/2022 granted by the Court in Proceedings No 2022/301839, Liverpool 888 Pty Ltd v Liverpool City Council [2023] NSWLEC 1208 on 4 May 2023 for demolition of existing structures and the construction of a six-storey mixed use development comprising of ground floor commercial premises, a 112-place childcare facility and at grade parking (the Consent) at 156 Terminus Street, Liverpool, legally described as Lot 31 in DP555028 (the Site). The Modification Application seeks to modify the Consent as follows: 1. Addition of one storey to the approved mixed use building; 2. Increase in the capacity of the child care centre within the approved mixed use building from 112 places to 127 places; and 3. Minor amendments to the internal layouts of the approved mixed use development required to satisfy the Building Code of Australia, including fire safety amendments.
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which has been held on 17 December 2024. I presided over the conciliation conference.
The parties' experts agree that all contentions raised in the Statement of Facts and Contentions (SOFAC) have been resolved by the preparation of the: 1. Amended plans and documents listed at [18]; and 2. Agreed conditions of consent at Annexure A.
At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and approving the modification to the consent, subject to conditions.
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. 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.

Notations

The Court notes that: 1. The Respondent, as the relevant consent authority, has agreed under s 113(1) of the Environmental Planning and Assessment Regulation 2021 to the Applicant amending Modification Application No. DA-929/2022/A in accordance with the following amended plans and documents (Amended Application): Drawing No and Revision Title Prepared by Date Architectural Plans

                         Drawing No. 01, Revision H                                                                          Compliance Table                 Baini Design          27 September 2024

Drawing No. 02, Revision H Site Context Plan Drawing No. 03, Revision H Site Analysis Plan Drawing No. 04, Revision H Demolition Plan Drawing No. 05, Revision H 9 AM Shadow Diagram Drawing No. 06, Revision H 12 PM Shadow Diagram Drawing No. 07, Revision H 3 PM Shadow Diagram Drawing No. 08, Revision H Site Plan Drawing No. 09, Revision H Ground Floor Drawing No. 10, Revision H Level 1 Drawing No. 11, Revision H Level 2 Drawing No. 12, Revision H Level 3 Drawing No. 13, Revision H Level 4 Drawing No. 14, Revision H Level 5 Drawing No. 15, Revision H Level 6 Drawing No. 15.1, Revision H Roof Plan Drawing No. 16, Revision H Elevations Drawing No. 17, Revision H Elevations Drawing No. 18, Revision H Elevations Drawing No. 19, Revision H Sections Drawing No. 20, Revision H Kitchen and Laundry Detail Drawing No. 21, Revision H Typical Nappy Change Detail Drawing No. 22, Revision H Craft Bench Detail Drawing No. 23, Revision H Bottle Prep Detail Drawing No. 24, Revision H Schedule of Finishes Drawing No. 25, Revision H Calc Plan - Indoor Play Area - Level 1 Drawing No. 26, Revision H Calc Plan - Indoor Play Area - Level 2 Drawing No. 27, Revision H Calc Plan - Indoor Play Area - Level 3 Drawing No. 28, Revision H Calc Plan - Indoor Play Area - Level 4 Drawing No. 29, Revision H Calc Plan - Indoor Play Area - Level 5 Drawing No. 29.1, Revision H Calc Plan - Indoor Play Area - Level 6 Drawing No. 30, Revision H Fencing Details - Level 1 Drawing No. 30.1, Revision H Fencing Details - Level 2 Drawing No. 30.2, Revision H Fencing Details - Level 3 Drawing No. 30.3, Revision H Fencing Details - Level 4 Drawing No. 30.4, Revision H Fencing Details - Level 5 Drawing No. 30.5, Revision H Fencing Details - Level 6 Drawing No. 32, Revision H 3D Views Drawing No. 33, Revision H GFA Ground Floor Drawing No. 34, Revision H GFA Level 1 Drawing No. 35, Revision H GFA Level 2 Drawing No. 36, Revision H GFA Level 3 Drawing No. 37, Revision H GFA Level 4 Drawing No. 38, Revision H GFA Level 5 Drawing No. 38.1, Revision H GFA Level 6 Drawing No. 39, Revision H VFS Drawing No. 40, Revision H VFS Drawing No. 41, Revision H VFS Drawing No. 42, Revision H VFS Drawing No. 43, Revision H VFS Drawing No. 44, Revision H Solar Study - 8am Drawing No. 45, Revision H Solar Study - 8am Drawing No. 46, Revision H Solar Study - 8am Drawing No. 47, Revision H Solar Study - 9am Drawing No. 48, Revision H Solar Study - 9am Drawing No. 49, Revision H Solar Study - 9am Drawing No. 50, Revision H Solar Study - 10am Drawing No. 51, Revision H Solar Study - 11am Drawing No. 52, Revision H Solar Study - 10am Drawing No. 53, Revision H Solar Study - 11am Drawing No. 54, Revision H Solar Study - 11am Drawing No. 55, Revision H Solar Study - 11am Drawing No. 56, Revision H Solar Study - 12 Noon Drawing No. 57, Revision H Solar Study - 12 Noon Drawing No. 58, Revision H Solar Study - 12 Noon Drawing No. 59, Revision H Solar Study - 1pm Drawing No. 60, Revision H Solar Study - 1pm Drawing No. 61, Revision H Solar Study - 1pm Drawing No. 62, Revision H Solar Study - 2pm Drawing No. 63, Revision H Solar Study - 2pm Drawing No. 64, Revision H Solar Study - 2pm Drawing No. 65, Revision H Solar Study - 3pm Drawing No. 66, Revision H Solar Study - 3pm Drawing No. 67, Revision H Solar Study - 3pm Drawing No. 68, Revision H Solar Study - 4pm Drawing No. 69, Revision H Solar Study - 4pm Drawing No. 70, Revision H Solar Study - 4pm Drawing No. 71, Revision H Level 1 166-176 Terminus 8AM-9AM Shadows Drawing No. 72, Revision H Level 1 166-176 Terminus 10AM-11AM Shadows Drawing No. 73, Revision H Level 1 166-176 Terminus 12 Noon - 1PM Shadows Drawing No. 74, Revision H Level 1 166-176 Terminus 2PM - 3PM Shadows Drawing No. 75, Revision H Level 1 166-176 Terminus 4PM Shadows Drawing No. 76, Revision H Level 2-5 166-176 Terminus 8AM-9AM Shadows Drawing No. 77, Revision H Level 2-5 166-176 Terminus 10AM-11AM Shadows Drawing No. 78, Revision H Level 2-5 166-176 Terminus 12 Noon - 1PM Shadows Drawing No. 79, Revision H Level 2-5 166-176 Terminus 2PM - 3PM Shadows Drawing No. 80, Revision H Level 2-5 166-176 Terminus 4PM Shadows Drawing No. 81, Revision H Typical Level 6-8 166-176 Terminus Drawing No. 82, Revision H 166-176 Terminus VFS Drawing No. 83, Revision H 166-176 Terminus VFS Drawing No. 84, Revision H 166-176 Terminus VFS Drawing No. 85, Revision H Ground Floor - Neighbour Concept Drawing No. 86, Revision H Level 1 - Neighbour Concept Drawing No. 87, Revision H Level 2 - Neighbour Concept Drawing No. 88, Revision H Level 3 - Neighbour Concept Drawing No. 89, Revision H Level 4 - Neighbour Concept Drawing No. 90, Revision H Level 5 - Neighbour Concept Drawing No. 91, Revision H Level 6 - Neighbour Concept Drawing No. 92, Revision H Evacuation Plans Drawing No. 93, Revision H Evacuation Plans - Sheet 2 Landscape Plans 2. Drawing No. L - 01, Revision F Ground Floor Landscape Plan Outside Design Group 4 October 2024 Drawing No. L - 02, Revision F Level 1, 2 + 3 Landscape Plan Drawing No. L - 03, Revision F Level 4 + 5 + 5 Landscape Plan Drawing No. L - 04, Revision F Section A-A Playground Areas Drawing No. L - 04, Revision F Terminus St Elevation B-B Reports 3. Supplementary Traffic Advice of Mixed-Use Development McLaren Traffic Engineering 14 November 2024 4. Environmental Noise Impact Assessment Day Design 4 October 2024 5. Air Quality Addendum Astute Environmental Consulting 2 October 2024 6. Plan of Management GAT & Associates 4 November 2024 7. Town Planning Response SOFAC GAT & Associates 4 October 2024 8. Detailed Site Investigation Australian Geoenviro 28 October 2024 9. Report on proposed amendments to approved child care service at: 156 Terminus Street Liverpool NSW Early Education Solutions 4 October 2024 10. Cost Report Rubix 25 June 2024

Liverpool 888 Pty Ltd v Liverpool City Council

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Judgment (5 paragraphs)

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Cases Cited (2)