Goorkiz v Liverpool City Council [2021] NSWLEC 1050

Goorkiz v Liverpool City Council [2021] NSWLEC 1050

The proposed development is compatible with its envisaged future local character and surrounding streetscape as envisaged in planning controls, its bulk and scale are acceptable, and the statutory requirements and conditions for consent are met. Conditions sought by the Respondent for road and lighting upgrades do not fairly and reasonably relate to the needs of the development, and therefore cannot be imposed under relevant law.

Parties
Applicant: George Goorkiz; Respondent: Liverpool City Council
Jurisdiction
Australia
Judgment Date
29 January 2021
Procedural Posture
Development Appeal / Final Judgment and Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision of Land, Child Care Centre, Compatibility With Local Character, Bulk and Scale of Development, Imposition of Conditions, Application of Newbury Test
Planning and Environment Development Application Subdivision of Land Child Care Centre Compatibility With Local Character Bulk and Scale of Development Imposition of Conditions Application of Newbury Test

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Parties

George Goorkiz

Applicant

Liverpool City Council

Respondent

Procedural Posture

Development Appeal / Final Judgment and Orders

Legal Issues

  1. 1 Is the proposed development compatible with the local character and surrounding streetscape?
  2. 2 Is the bulk and scale of the proposed development acceptable?
  3. 3 Are the proposed conditions of consent reasonable and lawful under the applicable statutory framework?

Ratio Decidendi

The proposed development is compatible with its envisaged future local character and surrounding streetscape as envisaged in planning controls, its bulk and scale are acceptable, and the statutory requirements and conditions for consent are met. Conditions sought by the Respondent for road and lighting upgrades do not fairly and reasonably relate to the needs of the development, and therefore cannot be imposed under relevant law.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application No. DA-690/2019 for subdivision and child care centre construction is approved, subject to conditions in Annexure 'A'.