Chahda v Liverpool City Council [2018] NSWLEC 1371

Chahda v Liverpool City Council [2018] NSWLEC 1371

The Court held that it was not satisfied as required by cl 101(2)(b)(i) and (iii) of the SEPP that the safety, efficiency and ongoing operation of the classified road would not be adversely affected by the development, primarily due to concerns regarding the design of the vehicular access and the nature, volume and frequency of vehicular movements, as well as reliance on a Plan of Management subject to potentially unsafe breaches. As satisfaction of all elements of cl 101(2) is required, development consent was refused and the appeal dismissed.

Parties
Applicant: Albert Chahda; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Appeal / Judgment After Hearing
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Consent, Classified Roads, Jurisdiction of Consent Authority, Traffic Impacts, Child Care Centre Development
Planning Law Environmental Law Development Consent Classified Roads Jurisdiction of Consent Authority Traffic Impacts Child Care Centre Development

Case Brief

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Parties

Albert Chahda

Applicant

Liverpool City Council

Respondent

Procedural Posture

Appeal / Judgment After Hearing

Legal Issues

  1. 1 Whether the Court can be satisfied as required by cl 101(2)(b)(i) and (iii) of the State Environmental Planning Policy (Infrastructure) 2007 that the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development
  2. 2 Whether strict reliance on a Plan of Management suffices to address traffic and safety concerns

Ratio Decidendi

The Court held that it was not satisfied as required by cl 101(2)(b)(i) and (iii) of the SEPP that the safety, efficiency and ongoing operation of the classified road would not be adversely affected by the development, primarily due to concerns regarding the design of the vehicular access and the nature, volume and frequency of vehicular movements, as well as reliance on a Plan of Management subject to potentially unsafe breaches. As satisfaction of all elements of cl 101(2) is required, development consent was refused and the appeal dismissed.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application DA439/2017 for the construction of a 60 place child-care centre above basement car parking on land described as Lot 7 DP 222767 and known as 303 Newbridge Road, Chipping Norton is refused.