Hepburn Pty Limited v Hornsby Shire Council [2007] NSWLEC 169

Land and Environment Court of New South Wales

CITATION : Hepburn Pty Limited v Hornsby Shire Council [2007] NSWLEC 169

APPLICANT J W Hepburn Pty Limited PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10030 of 2006

CORAM: Tuor C

KEY ISSUES: Development Application :- childcare centre, parking and access, noise, limitation on childrens play, site selection crteria, streetscape

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hornsby Shire Local Environmental Plan 1994

DATES OF HEARING: 16/10/2006, 17/10/2006, 11/02/2007, 9/03/2007

EX TEMPORE JUDGMENT DATE : 12 March 2007

APPLICANT Mr G. Newport, barrister instructed by Ms J. Napoli LEGAL REPRESENTATIVES: of Robert Napoli & Co

RESPONDENT Mr I. Woodward, solicitor of Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

12 March 2007

10030 of 2006 J W Hepburn Pty Limited v Hornsby Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This is an appeal against the refusal by Hornsby Shire Council (the council) of a development application (2172/2004) for a childcare centre at 32 Palmerston Road, Waitara (the site). Site and its context 2 The site is located on the eastern side of Palmerston Road and has an area of 752 sq m. It is developed with a detached house. Adjoining the site to the south (30 Palmerston Road) and to the east (75A Burdett Street) are single storey detached houses and to the north is a church and a rectory. 3 The surrounding area is predominately low density residential development. Hornsby Hospital is located in Palmerston Road on the northern side of Burdett Street. The proposal 4 The proposal is to demolish the existing dwelling and construct a childcare centre for 32 children, with parking for eight cars and outdoor play areas at the front and rear of the site.