EHA Investments Pty Ltd v Liverpool City Council [2011] NSWLEC 1263

Land and Environment Court New South Wales

Medium Neutral Citation: EHA Investments Pty Ltd v Liverpool City Council [2011] NSWLEC 1263 Hearing dates: 18-19 August 2011 Decision date: 05 September 2011 Jurisdiction: Class 1 Before: Morris C Decision: The appeal is upheld Catchwords: DEVELOPMENT APPLICATION: Subdivision; lot width; cul-de-sac road; parking. Legislation Cited: Liverpool Local Environmental Plan 2008; State Environmental Planning Policy No 1 - Development Standards; Greater Metropolitan Regional Environmental Plan No. 2 - Georges River Catchment. Texts Cited: Liverpool Development Control Plan 2008. Category: Principal judgment Parties: EHA Investments Pty Ltd (Applicant)

Liverpool City Council (Respondent) Representation: Ms M L Taylor Bartier Perry (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 10382 of 2011

Judgment 1This is an appeal against the refusal by Liverpool City Council (the council) of Development Application No 533/2011 (the application) which proposes the demolition of an existing dwelling and associated structures and the subdivision on an existing lot into 9 Torrens Title residential lots with associated cul-de-sac public road at Lot 612 DP 881998 No 24-32 Boltons Street, Horningsea Park (the site). 2The main contentions in the case relate to the failure of the applicant to comply with the minimum lot width controls contained within Liverpool Local Environmental Plan 2008 (the LEP) and Liverpool Development Control Plan 2008 (the DCP); whether there is sufficient area available within the proposed road reserve for vehicle manoeuvring and car parking; the traffic impacts of the development and its density.