Mendo v Liverpool City Council [2020] NSWLEC 1655

Land and Environment Court New South Wales

Medium Neutral Citation: Mendo v Liverpool City Council [2020] NSWLEC 1655 Hearing dates: 16 and 17 September 2020 Date of orders: 16 December 2020 Decision date: 16 December 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is dismissed. (2) The Applicant's development application DA-52/2019 seeking consent for construction of a multi dwelling housing development consisting of three dwellings and associated strata subdivision is determined by way of refusal. (3) The exhibits are returned, with the exception of Exhibits A, C and 1. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling development – application of setback controls in development control plan – adequacy of private open space – potential overshadowing impacts – proposed development does not provide a reasonable alternative solution to achieve objectives of controls Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Greater Metropolitan Regional Environmental Plan No 2—Georges River Catchment Land and Environment Court Act 1979 Liverpool Local Environmental Plan 2008 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy Liverpool Development Control Plan 2008 NSW Land Registry Services, "Glossary" <https://rg-guidelines.nswlrs.com.au/Home/Glossary> accessed 8 December 2020 Category: Principal judgment Parties: Ammar Mendo (Applicant) Liverpool City Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) S Berveling (Respondent)