Goldfinch Build Pty Ltd v Liverpool City Council [2022] NSWLEC 1166

Land and Environment Court New South Wales

Medium Neutral Citation: Goldfinch Build Pty Ltd v Liverpool City Council [2022] NSWLEC 1166 Hearing dates: 10 and 11 November 2021 Date of orders: 1 April 2022 Decision date: 01 April 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application no DA-29/2021 seeking development consent for the demolition existing structures, consolidation of the lots and construction of a multi-dwelling development consisting of nine (9) dwellings with basement parking and Strata Subdivision at 6 Goldfinch Street and 5 Gal Crescent Moorebank is determined by granting consent to the application subject to the conditions in Annexure A. (3) The exhibits are retained. Catchwords: DEVELOPMENT APPEAL – multi dwelling housing – residential amenity – acoustic and visual privacy – overshadowing – public interest - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Liverpool Local Environmental Plan 2008, cll 1.2, 2.3 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Goldfinch Build Pty Ltd ACN 643149526 (First Applicant) CJN Corporation Pty Ltd ACN 643667814 (Second Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) A Pearman (Respondent)