El Cheikh v Liverpool City Council [2020] NSWLEC 1281

Land and Environment Court New South Wales

Medium Neutral Citation: El Cheikh v Liverpool City Council [2020] NSWLEC 1281 Hearing dates: 14 May 2020, final written submissions 21 May 2020 Date of orders: 22 July 2020 Decision date: 30 June 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The final orders of the Court are: (1) The applicant's written request under clause 4.6 of Appendix 8 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 is approved. (2) The appeal is upheld. (3) Development application DA-1242/2015 seeking consent for a five-storey mixed-use development comprising seven retail tenancies on the ground floor and 43 residential units above with three levels of basement parking, at 260 Edmondson Avenue Austral, is approved subject to the conditions set out in Annexure A. (4) Exhibits returned with the exception of Exhibits 6, 7, 8 and 9. Catchwords: DEVELOPMENT APPLICATION – shop top housing – heritage conservation – State Environmental Planning Policy (Sydney Region Growth Centres) 2006 – Appendix 8 Liverpool Growth Centres Precinct Plan – initial more intense development in a low density setting Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: Baron Corporation Pty Limited v Council of the City of Sydney [2019] NSWLEC 61 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Veloshin v Randwick Council [2007] NSWLEC 428 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Land and Environment Court, COVID-19 Pandemic Arrangements Policy Liverpool Growth Centre Precincts Development Control Plan Category: Principal judgment Parties: Abdul Sattar El Cheikh (First Applicant) Xuee Gao (Second Applicant) Liverpool City Council (Respondent) Representation: Counsel: N Eastman (Applicants) R O'Gorman-Hughes (Respondent)