Nehme v Blacktown CC [2006] NSWLEC 684

Land and Environment Court of New South Wales

CITATION : Nehme v Blacktown CC [2006] NSWLEC 684

APPLICANT Tony Nehme PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10255 of 2006

CORAM: Hussey C

KEY ISSUES: Development Application :- Childcare centre, location in cul-de-sac, road capacity, public interest

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1989

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 11/09/2006

DATE OF JUDGMENT: 11/10/2006

APPLICANT Mr P. Clay, barrister instructed by Mr P. Saab of Macquarie Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Mr T. O' Connor, solicitor of Houston, Dearn O'Connor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey

Date: 10 November 2006

10255 of 2006 Tony Nehme v Blacktown City Council

JUDGMENT

Background 1 This appeal was lodged against council's refusal of a development application for a 40 place childcare centre at Gymkhana Place, Glenwood. For the appeal, the outstanding issues can be summarised as follows: + Capacity of the road system in terms of increased traffic volumes in Gymkhana Place;o Particulars: AMCORD establishes a capacity of 300 vehicle trips per day for cul-de-sac streets. As a result of the proposed development the total daily volume of Gymkhana Place will be in the order of 361 equal trips. + Suitability of the site for the development due to it: a) being located within a narrow cul-de-sac; b) having poor access to public transport routes and collector road; and c) not complying with AMCORD requirements. + Public interest considerations.