Goorkiz v Liverpool City Council [2021] NSWLEC 1050

Land and Environment Court New South Wales

Medium Neutral Citation: Goorkiz v Liverpool City Council [2021] NSWLEC 1050 Hearing dates: 21 and 22 December 2020 Date of orders: 24 February 2021 Decision date: 29 January 2021 Jurisdiction: Class 1 Before: Chilcott C and Washington AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA-690/2019 seeking approval for the Torrens Title subdivision of land at 45 Fifth Avenue, Austral, also known as Lot 1101 in DP2475, from one lot into two lots, as well as the construction of a 162 place child care centre with basement car parking and associated works, is determined by the grant of consent, subject to the conditions attached at Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits A, B and 1. Catchwords: DEVELOPMENT APPLICATION – Subdivision of land – construction of a child care centre – whether proposed development is compatible with the character of the local area – whether the bulk and scale of the proposed development is acceptable – whether imposition of proposed conditions is reasonable – application of Newbury test Legislation Cited: Conveyancing Act 1919 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River (No 2-1997) Cases Cited: Newbury District Council v Secretary of State for the Environment [1981] AC 578 Texts Cited: Austral and Leppington North Precincts Transport Assessment Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy, (July 2020) Department of Planning and Environment, Liverpool Growth Centres Precincts Development Control Plan, 2013 NSW Department of Planning and Environment, Child Care Planning Guideline, 2017 Category: Principal judgment Parties: George Goorkiz (Applicant) Liverpool City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) R O'Gorman-Hughes (Respondent)