Hastie v Liverpool City Council [2020] NSWLEC 1250

Hastie v Liverpool City Council [2020] NSWLEC 1250

The appeal was upheld because the agreed traffic evidence showed that the proposed childcare centre would not unreasonably change the level of service classification or delay at the intersection, and the earlier April 2018 survey data was unreliable. Since the roundabout upgrade was not part of the application and the development's traffic impact was not significant, there was no proper basis to refuse consent or impose conditions requiring the applicants to fund or construct the upgrade through a voluntary planning agreement, particularly where the earlier VPA offer had been rejected and was no longer being offered.

Jurisdiction
Australia
Judgment Date
05 June 2020
Procedural Posture
Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. DA 541/2016 / Determination After S 34 Conciliation Conference Was Terminated and Further Hearing Under S 34(4)(b) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A, with VPA-related conditions struck out.
Legal Topics
['development Application for Childcare Centre' 'traffic Impacts' 'intersection Upgrade' 'voluntary Planning Agreement' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['development Application for Childcare Centre' 'traffic Impacts' 'intersection Upgrade' 'voluntary Planning Agreement' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. DA 541/2016 / Determination After S 34 Conciliation Conference Was Terminated and Further Hearing Under S 34(4)(b) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proposed childcare centre would unreasonably exacerbate existing traffic delay at the Nuwarra Road and Marshall Avenue intersection.' 'Whether consent should be refused on traffic impact grounds where the intersection already operated unsatisfactorily.' 'Whether conditions requiring the applicants to fund or construct a roundabout upgrade through a voluntary planning agreement could be imposed.']

Ratio Decidendi

The appeal was upheld because the agreed traffic evidence showed that the proposed childcare centre would not unreasonably change the level of service classification or delay at the intersection, and the earlier April 2018 survey data was unreliable. Since the roundabout upgrade was not part of the application and the development's traffic impact was not significant, there was no proper basis to refuse consent or impose conditions requiring the applicants to fund or construct the upgrade through a voluntary planning agreement, particularly where the earlier VPA offer had been rejected and was no longer being offered.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A, with VPA-related conditions struck out.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA-541/2016 for the demolition of existing dwelling, inground concrete swimming pool and detached secondary dwelling, and construction of a childcare centre for 60 children with basement car park to operate from Monday to Friday 7am to 7pm and 30 children...