Mosca Pserras Partnership Pty Ltd v Liverpool City Council [2005] NSWLEC 441

Land and Environment Court of New South Wales

CITATION : Mosca Pserras Partnership Pty Ltd v Liverpool City Council [2005] NSWLEC 441

APPLICANT Mosca Pserras Partnership Pty Ltd

PARTIES : RESPONDENT Liverpool City Council

FILE NUMBER(S) : 11480 of 2004

CORAM: Bly C

KEY ISSUES: Development Application :- Mixed-use development - residential/commercial and shops - character and amenity of residential area - urban design

Liverpool Local Environmental Plan 1997 LEGISLATION CITED: State Environmental Planning Policy No. 65

DATES OF HEARING: 15, 16/08/2005

DATE OF JUDGMENT: 08/24/2005

APPLICANT Mr P Clay, barrister Instructed by: Ms J Hewitt, solicitor of Home Wilkinson Lowry LEGAL REPRESENTATIVES: RESPONDENT Mr D Baird, solicitor SOLICITORS Maddocks

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

24 August 2005

11480 of 2004 Mosca Pserras Partnership Pty Ltd v Liverpool City Council JUDGMENT

1 This appeal relates to Development Application No. 1561/03, which is for a mixed-use development in six buildings plus a basement carpark, comprising residential, commercial and shops on land at the corner of Barry Road and Ernest Avenue, Chipping Norton. The proposal 2 In particular, and in accordance with the revised plans Exhibit D (that changed and reduced in size the fourth floor arrangement of Building F) the development comprises 55 dwellings and 757 sq m of retail/commercial floor space in 8 tenancies as follows: o Building A – 9 x 3 bedroom terrace style dwellings in a part two and part three-storey building. o Building B – 6 x 3 bedroom terrace style dwellings in a two-storey building. o Building C – 6 x 3 bedroom terrace style dwellings in a two-storey building. o Building D – 8 x 2 bedroom dwellings plus retail/commercial floor space at ground floor level in a three-storey building. o Building E – 12 x 2 bedroom dwellings in a three-storey building. o Building F – 12 x 2 and 2 x 3 bedroom dwellings plus retail/commercial floor space at ground floor level in a four-storey building. 3 In addition, the existing local shopping centre comprising retail and commercial development on the site is to be demolished.