Darwich v Liverpool City Council [2023] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: Darwich v Liverpool City Council [2023] NSWLEC 1015 Hearing dates: 21 November 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA727/2021 seeking consent for demolition of all structures and construction of multi dwelling housing at 34 Lucas Avenue, Moorebank (Lot 4 DP 238178) is determined by the grant of consent subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of Exhibits A, B and 3. Catchwords: DEVELOPMENT APPLICATION: consent sought for demolition and construction of a multi dwelling residential development – whether the development is consistent with the development control plan requirements for parking and internal dwelling design – whether the design of the development is compatible with the existing or desired future character of the neighbourhood – whether the proposed driveways and garages dominate the streetscape presentation of the development – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 Liverpool Local Environmental Plan 2008, cll 2.7, 4.3, 4.4, 6.5, 7.31 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 11.6, 11.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land 1998 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Sam Darwich (Applicant) Liverpool City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) C Campbell (Solicitor) (Respondent)