Wellness 1 Pty Ltd v Liverpool City Council [2026] NSWLEC 1379
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No. 548/2024 (the DA) for the demolition of existing structures and construction of a two storey centre-based childcare facility for 98 children with basement level parking and associated landscaping on land legally identified as folio identifier 7/238910, being Lot 7 of Deposited Plan 238910, and known as 41 Walder Road, Hammondville NSW 2170 (
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the agreed amount of $2000. (2) The appeal is upheld. (3) Development Application No 548/2024, as amended, for the demolition of existing structures and construction of a two storey childcare facility for 98 children with basement level parking and associated landscaping and tree removal on land at 41 Walder Road, Hammondville, NSW, 2170, legally known as Lot 7 DP 238910, is determined by the grant of development consent subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), Sch 1, Div 2, ss 4.15, 4.16, 4.17, 7, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Education and Care Services National Regulations 2011 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Liverpool Local Environmental Plan, 2008, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 7.6, 7.7, 7.8, 7.11, 7.12, 7.17, 7.18, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, Ch 3 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26
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Authoritative text on NSW Caselaw · ~25k words
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