Court Clears Way for 44-Unit Scheme in South-West Sydney

A 44-apartment project has won approval in the NSW Land and Environment Court after one of the state’s slowest councils failed to decide on the application.

The five-storey development proposed for 15-21 Pearce Street, Liverpool was submitted to the Liverpool City Council in July 2024.

It was not determined in an acceptable timeframe and was deemed refused.

The case was heard in the Land and Environment Court late last month for a project lodged by Mackenzie Architects International on behalf of landowners Amersfoort Investment Group. 

A conciliation conference was held with Liverpool City Council, resulting in amended plans for car parking and communal space on the ground floor.

Changes were also made to the rooftop communal open space to improve privacy and solar access for neighbouring properties.

Updated design verification and flood studies were also provided.

Liverpool City Council agreed to grant development consent and the court assented, ruling the development was compatible with the area's desired future character.

▲ A rendering of another Liverpool project, this one by Lateral Estate, which was also forced to appeal to the court.

Of the 44 units in the proposal, 16 will be affordable, earning a height bonus under Housing SEPP policy changes intended to encourage mixed-tenure housing.

The amalgamated 2749.8sq m site adjoins apartments fronting Hoxton Park Road, 1.2km from the Liverpool CBD and train station and about 40km from the Sydney CBD. 

It will join a raft of projects at Liverpool including Coronation Property’s “mini-city” and a 407-unit project by Lateral Estate that was also pushed through the court system this year.

Liverpool is in the bottom 20 per cent of the state for applications meeting assessment timeframes, with just 54 per cent meeting targets.

According to the NSW Council League Table, of the Greater Sydney councils, Liverpool is only ahead of Georges River and Lane Cove councils in percentage of applications meeting assessment timeframes in the 2025-26 year to date. 

Last week, in an attempt to address the ongoing planning issues at council level, the NSW Government introduced a $200-million incentives program.