Meta v Liverpool Council [2011] NSWLEC 1318

Land and Environment Court New South Wales

Medium Neutral Citation: Meta v Liverpool Council [2011] NSWLEC 1318 Hearing dates: 21 October 2011 Decision date: 21 October 2011 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is dismissed. (2)Development consent for DA 57/2011 for the demolition of an existing dwelling and construction of four townhouses at 2 Lamont Place, Cartwright, is refused. (3)The exhibits may be returned except 1, 7 and A. Catchwords: DEVELOPMENT APPLICATION - Multi unit housing, consistency with future character controls, minimum lot size and frontage, car parking/access, setbacks Legislation Cited: Environmental Planning and Assessment Act 1979 Liverpool Local Environmental Plan 2008 Liverpool Development Control Plan 2008 Category: Principal judgment Parties: Mr Adrian Meta (Applicant)

Liverpool City Council (Respondent) Representation: Mr M Vitale (Applicant's agent)

Mr A Seton (Respondent) File Number(s): 10634 of 2011

Judgment 1This appeal was lodged against council's deemed refusal of a development application for the demolition of an existing dwelling and construction of four threebedroom townhouses and eight onsite car parking spaces at No 2 Lamont Place, Cartwright. The site is within an established, predominantly low-density detached dwelling area, where new planning controls were adopted in 2008, rezoning the area to R4 High Density Residential. 2Within the local neighbourhood, this proposed development is the first such application for the high-density redevelopment. For the appeal, council identified the following contentions: * The development is inconsistent with the existing and likely future character of the area. * Car parking and access. * Non-compliance with frontage and lot size controls. * Non-compliances with setback controls 3Full details of the site and planning controls are contained in the Statement of Facts and Contentions on which I rely.