McLean v Liverpool City Council [2010] NSWLEC 1106

Land and Environment Court of New South Wales

CITATION : McLean v Liverpool City Council [2010] NSWLEC 1106

APPLICANT R McLean PARTIES : RESPONDENT Liverpool City Council

FILE NUMBER(S) : 10976 of 2009

CORAM: Moore SC

KEY ISSUES: DEVELOPMENT APPLICATION - SUBDIVISION :-

Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 1 Liverpool Local Environmental Plan 1997 Liverpool Local Environmental Plan 2008

CASES CITED: Winten Property Group Limited v North Sydney Council [2001] NSWLEC 46

DATES OF HEARING: 30 and 31 March 2010

EX TEMPORE JUDGMENT DATE : 31 March 2010

APPLICANT Mr J Cole, solicitor HWL Ebsworth LEGAL REPRESENTATIVES: RESPONDENT Mr C Drury, solicitor Sparke Helmore

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE SC

31 March 2010

09/10976 R McLean v Liverpool City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1 SENIOR COMMISSIONER: Denham Court Road climbs to the north-west toward Camden Valley Way from the lower parts of a portion of the Cumberland Plain in the vicinity of Campbelltown and its suburbs. The climb from Denham Court Road is along a prominent ridgeline in the area. Planning controls for both the Liverpool City Council (the council) local government area and the Campbelltown City Council local government area, Denham Court Road being the boundary between the two, have long sought to protect the scenic and visual quality of this area by the land use zonings on each side of Denham Court Road.