Kycel Pty Ltd Trading as ACA Design Consultants v Liverpool City Council [2009] NSWLEC 1218

Kycel Pty Ltd Trading as ACA Design Consultants v Liverpool City Council [2009] NSWLEC 1218

As the application was lodged under LEP 2007 and not determined when LEP 2008 commenced, the savings clause applies: the application may be determined as if LEP 2008 had not commenced, taking into account the draft provisions of LEP 2008. The amended proposal complies with relevant standards, addresses access and amenity concerns, and satisfies zone objectives. Objections were insufficient to displace compliance with planning controls. Consent orders to grant development consent are appropriate.

Jurisdiction
Australia
Judgment Date
06 July 2009
Procedural Posture
Development Application Appeal / Judgment on Appeal With Consent Orders
Outcome
Appeal upheld; consent orders made by agreement; development consent granted
Legal Topics
['development Application' 'multi Unit Housing' 'zoning' 'access' 'neighbourhood Character' 'amenity' 'consent Orders']
['planning Law' 'environmental Law'] ['development Application' 'multi Unit Housing' 'zoning' 'access' 'neighbourhood Character' 'amenity' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Judgment on Appeal With Consent Orders

Legal Issues

  1. 1 ['Whether the development is prohibited under the R2 zone pursuant to LLEP 2008' 'Whether the development is consistent with the future character and built form of residential development in the area' 'Permissibility of direct access from Cowpasture Road' 'Site suitability in terms of impacts on future road works' 'Precedent' 'Landscaped areas' 'Public interest considerations']

Ratio Decidendi

As the application was lodged under LEP 2007 and not determined when LEP 2008 commenced, the savings clause applies: the application may be determined as if LEP 2008 had not commenced, taking into account the draft provisions of LEP 2008. The amended proposal complies with relevant standards, addresses access and amenity concerns, and satisfies zone objectives. Objections were insufficient to displace compliance with planning controls. Consent orders to grant development consent are appropriate.

Court Disposition

Appeal upheld; consent orders made by agreement; development consent granted

Orders

  • ['The appeal is upheld.' 'Development consent is granted for construction of 24 townhouses (16 x 3 bedroom, 8 x 4 bedroom), 54 car parking spaces, boundary fencing, landscaping at Lot 32 DP 866117, Cowpasture Road, Green Valley, subject to detailed conditions in Annexure A.' 'The exhibits may be returned except 1...