Daniella De Angelis v Liverpool City Council [2003] NSWLEC 241

> Land and Environment Court of New South Wales

CITATION : Daniella De Angelis v Liverpool City Council [2003] NSWLEC 241 Daniella De Angelis PARTIES : Liverpool City Council FILE NUMBER(S) : 10995 of 2002 CORAM: Moore C KEY ISSUES: Subdivision :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 5 and 6 August 2003 EX TEMPORE JUDGMENT DATE : 08/06/2003

Applicant: Mr C Maley Maclarens LEGAL REPRESENTATIVES: Respondent: Mr W O'Rourke Deacons

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10995 of 2002

Moore C

6 August 2003 Daniella De Angelis Applicant v Liverpool City Council Respondent Judgment 1 This is an appeal against what was initially a deemed refusal of an application for integrated housing at Lots 203 and 204 in DP 1016202 at 6 and 8 Orkney Place, Prestons. The application was subsequently refused by Liverpool City Council in November 2002 with a notice of determination issued in March 2003. The application sought the subdivision of two existing allotments into four Torrens Title allotments with rights of way to provide access to three of the four allotments. It is proposed that upon these separate allotments substantial freestanding dwellings would be erected, two of which would be three bedroom dwellings and two of which would be four bedroom dwellings. The land is presently zoned Residential 2(a) pursuant to the Liverpool Local Environmental Plan (1997) and this development is permissible with consent. The total area of the two present allotments is 1511 m2 and the resulting proposed allotments would vary in area between 330 m2 and 383 m2.