The Muslim League of New South Wales Incorporated v Liverpool City Council [2006] NSWLEC 369

Land and Environment Court of New South Wales

CITATION : The Muslim League of New South Wales Incorporated v Liverpool City Council [2006] NSWLEC 369

APPLICANT The Muslim League of New South Wales Incorporated PARTIES : RESPONDENT Liverpool City Council

FILE NUMBER(S) : 10394 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- additions to an existing educational establishment - height - visual impact of multi-purpose hall - resident objections to traffic and parking

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Liverpool Local Environmental Plan 1997

DATES OF HEARING: 7, 8/06/06

DATE OF JUDGMENT: 06/28/2006

APPLICANT Mr J Bingham, solicitor SOLICITORS Deacons LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

28 June 2006

10394 of 2005 The Muslim League of New South Wales Incorporated v Liverpool City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Liverpool City Council (the council) of Development Application 1931/04 for additions to an existing educational establishment at 264 - 270 Wilson Rd., Green Valley (the subject site).

The subject site and surrounding area 2 The subject site is Lot 42 in DP 14637 and Lot 2 in DP 883953, having a total area of 1.713 hectares. It is irregular in shape with a 53.93 m eastern frontage to Wilson Rd. and a southern frontage (but not total southern boundary) of approximately 65 metres to Coronation Dr. The western boundaries adjoin open space as does part of the northern boundary. The remaining portion of the northern boundary and that part of the southern boundary that does not have access to Coronation Dr adjoin residential development.