Khoury v Baulkham Hills SC [2005] NSWLEC 230

Land and Environment Court of New South Wales

CITATION : Khoury v Baulkham Hills SC [2005] NSWLEC 230

APPLICANT Michel Khoury

PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10002 of 2005

CORAM: Nott C

KEY ISSUES: Development Application :- demolition of a dwelling house and construction of a childcare centre for 58 children - noise impacts - traffic - zoning

Land and Environment Court Act 1979 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 1991

DATES OF HEARING: 21/04/2005 - 22/04/2005 EX TEMPORE JUDGMENT DATE : 04/22/2005

APPLICANT Mr I. Hemmings, barrister SOLICITORS Baker & MacKenzie LEGAL REPRESENTATIVES:

SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Nott C

22 April 2005

10002 of 2005 Michel Khoury v Baulkham Hills Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the council's refusal of a development application to erect a childcare centre at 36 Canyon Road, Baulkham Hills. There is an existing dwelling house on the site, and part of the proposal involves its demolition in order to enable the childcare centre to be erected. It is intended to have 58 children, the children comprising 10 0-to-2 year olds, 10 2-to-3 year olds and 38 3-to-6 year olds. Seven staff are required for the proposed number of children. The proposed hours of operation are from 7 am until 6.30 am, Monday to Friday. Part of the proposed development involves providing on the site 17 carparking spaces.