Hirondelle Private Hospital v Willoughby City Council [2003] NSWLEC 271

> Land and Environment Court of New South Wales

CITATION : Hirondelle Private Hospital v Willoughby City Council [2003] NSWLEC 271 Applicant: Hirondelle Private Hospital PARTIES : Respondent: Willoughby City Council FILE NUMBER(S) : 10257 of 2002 CORAM: Tuor C. Development Application :- Impact on Conservation Area and heritage item KEY ISSUES: Parking and traffic LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Willoughby Local Environmental Plan 1995 CASES CITED: DATES OF HEARING: 25, 26 and 27 June 2003 DATE OF JUDGMENT: 11/07/2003

Applicant: Mr C McEwen, barrister instructed by Mallesons LEGAL REPRESENTATIVES: Respondent: Mr P Rigg, solicitor Deacons

JUDGMENT:

In the Land and Environment Court of New South Wales 10257 of 2002 Commissioner Annelise Tuor

7 November 2003

Hirondelle Private Hospital Applicant v Willoughby City Council

Respondent

Judgment

Introduction

1 The appeal is against the refusal by Willoughby City Council (the council) of a development application for alterations and additions to an existing private hospital at 10-16 Wyvern Avenue, Chatswood. The site and its context

2 The site is L shaped and comprises three allotments, which extend from the southern side of Wyvern Avenue, near Hotham Street through to Vern Lane. It has an area of 3989m2 and a fall of about 5m from Wyvern Avenue to the rear of the site and about 2.6m along Wyvern Avenue from west to east.