Building Blocks Early Childhood Learning Centres Pty Ltd v Maitland City Council [2006] NSWLEC 619

Land and Environment Court of New South Wales

CITATION : Building Blocks Early Childhood Learning Centres Pty Ltd v Maitland City Council [2006] NSWLEC 619

APPLICANT Building Blocks Early Childhood Learning Centres Pty Limited PARTIES : RESPONDENT Maitland City Council

FILE NUMBER(S) : 10106 of 2006

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing dwelling for use as a childcare centre - carparking - impact on local road system - character - noise.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Maitland Local Environmental Plan 1993

CASES CITED: Milner v Willoughby Municipal Council (unreported, Land and Environment Court, 19 April 1984) ; Project Venture Developments v Pittwater Council [2005] NSWLEC 191

DATES OF HEARING: 11,12/07/2006

EX TEMPORE JUDGMENT DATE : 07/12/2006

APPLICANT Mr G. Long, solicitor SOLICITORS Law & Planning LEGAL REPRESENTATIVES:

RESPONDENT Mr G. Williams, solicitor SOLICITORS Thompson Norrie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

12 July 2006

10106 of 2006 Building Blocks Early Childhood Learning Centres Pty Limted v Maitland City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Maitland City Council (the council) of DA05-3947 for alterations and additions to an existing dwelling at 14 Hermitage Close Thornton (the site) for a childcare centre. The site and surrounding area 2 The site is Lot 9106 in DP874539. It is a corner lot with a frontage of 27.06 m to Hermitage Close, a 57.73 frontage to Grange Avenue and a corner splay of 5.48 m, giving a total site area of 1,948 sq m. An existing dwelling is situated on the site.