F S Architects Pty Limited v Liverpool City Council

[2005] NSWLEC 21

NEW SOUTH WALES LAND AND ENVIRONMENT COURT

CITATION:     F S Architects Pty Limited v Liverpool City Council [2005]  NSWLEC 21

PARTIES:
APPLICANT
F S Architects Pty Limited

RESPONDENT
Liverpool City Council

CASE NUMBER:     11177 of       2004

CATCH WORDS:     Development Application

LEGISLATION CITED:
Environmental Planning and Assessment Act 1979
Liverpool Local Environmental Plan  - (LEP)
Development Control Plan - (DCP)

CORAM:       Hussey C

DATES OF HEARING:       20/01/2005 (Orders)

EX TEMPORE DATE:        20/01/2005

LEGAL REPRESENTATIVES

APPLICANT
Mr M Pearce
of Bowen & Gerathy

RESPONDENT
Mr A Seton
of Marsdens

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey C

20 January 2005

11177 of 2004               F S Architects Pty Limited v Liverpool City Council

JUDGMENT

1. I am now in a position now to finalise this matter.  I gave my preliminary finding originally that I considered the consent orders could be made, but the outstanding matters of the unresolved conditions that go with those consent orders, needed finalisation.  Those matters included those raised by the residents relating to on-street parking, traffic control, and also noise attenuation/control concerns arising from noise from the children at the child care centre.  Also there was the further outstanding matter of s 94 contributions.

1. These matters have been further reviewed and the first two matters on parking, noise attenuation, have been addressed by updated conditions in the consent orders, and I understand now the s 94 contribution is agreed by the parties.

1. On this basis then I am satisfied that these updated consent orders, (exhibit 8), should be made.  The only minor change I make is Order 3, regarding return of exhibits.
   

1. So the consent orders are:

1.     The appeal is upheld.

2.     The development application numbered DA 2542/04, lodged with the respondent for the erection and use of a child care centre, at lot 2256 in DP 1004302, No. 1, Watts Place, West Hoxton, is approved subject to the conditions in Annexure A to these orders. 

3.     The exhibits may be returned except for exhibits A, B, 7 and 8.

_______________________
R Hussey
Commissioner of the Court
ljr