Denoci Pty Ltd v Liverpool City Council

Denoci Pty Ltd has appealed against a decision of Liverpool City Council to refuse their application for a change of use permit for a property at 135 Church Street, Liverpool. The refusal was based on the property’s location in a heritage overlay area and its potential impact on the character of the area. The appeal was heard by the Land and Environment Court of New South Wales.

The primary issue before the court was whether the proposed change of use of the property from a retail shop to a hairdressing salon would be contrary to the objectives of the Liverpool City Council Local Environmental Plan 2015. This involved an interpretation of the relevant planning laws and policies, including the consideration of heritage values and the character of the surrounding area. The court also needed to consider whether the refusal was unreasonable or disproportionate in the circumstances.

The court found that the proposed change of use would indeed be contrary to the objectives of the Local Environmental Plan and that the refusal was not unreasonable. The court emphasised the importance of preserving the heritage character of the area and noted that the proposed use would have a significant visual impact on the streetscape. The appellant failed to demonstrate that the proposed use was appropriate or that the refusal would cause them significant hardship. The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of the appeal.