El Cheikh v Liverpool City Council [2020] NSWLEC 1281

El Cheikh v Liverpool City Council [2020] NSWLEC 1281

The minor breach of the building height standard is justified as the objectives of the standard are achieved, there are sufficient environmental planning grounds, the development is consistent with zoning objectives, and heritage conservation impacts are not determinative given the relatively weak physical evidence of conservation value; technical and lay issues are satisfactorily addressed.

Parties
Applicant: Abdul Sattar El Cheikh; Applicant: Xuee Gao; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
30 June 2020
Procedural Posture
Appeal / Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
Development Application, Shop Top Housing, Heritage Conservation, Building Height, Public Interest, Environmental Planning
Planning and Environment Law Development Application Shop Top Housing Heritage Conservation Building Height Public Interest Environmental Planning

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Parties

Abdul Sattar El Cheikh

Applicant

Xuee Gao

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Final Orders

Legal Issues

  1. 1 Whether the proposed development should be approved despite exceeding the maximum building height
  2. 2 Whether the development adversely impacts heritage items and conservation area
  3. 3 Assessment of bulk, scale and streetscape impacts

Ratio Decidendi

The minor breach of the building height standard is justified as the objectives of the standard are achieved, there are sufficient environmental planning grounds, the development is consistent with zoning objectives, and heritage conservation impacts are not determinative given the relatively weak physical evidence of conservation value; technical and lay issues are satisfactorily addressed.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • Applicant's written request under clause 4.6 of Appendix 8 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 is approved.
  • The appeal is upheld.