Doodha v Hornsby Shire Council [2006] NSWLEC 818

Land and Environment Court of New South Wales

CITATION : Doodha v Hornsby Shire Council [2006] NSWLEC 818

APPLICANT Jahangir Doodha PARTIES : RESPONDENT Hornsby Shire Council

FILE NUMBER(S) : 10517 of 2006

CORAM: Murrell C

KEY ISSUES: Development Application :- Childcare centre, noise, setbacks, landscape, character of the area, parking and traffic

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 07/11/2006 and 08/11/2006

EX TEMPORE JUDGMENT DATE : 11/30/2006

APPLICANT Mrs H. Irish, barrister Instructed by Mr B. T. Goldsmith, solicitor of B T Goldsmith Planning LEGAL REPRESENTATIVES:

RESPONDENT Mr I. Woodward, solicitor of Storey and Gough

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

30 November 2006

10517 of 2006 Jahangir Doodha v Hornsby Shire Council This determination was given extemporaneously and it has been edited prior to publication

JUDGMENT 1 This is an extempore judgment for an appeal under s 97 of the Environmental Planning and Assessment Act (the Act) against Hornsby Shire Council's refusal of a development application for a childcare centre at the site known as 28 Ramsay Road, Pennant Hills.

2 The subject site has dual frontage to Ramsay Road and Warne Street. It is approximately 18 m on the frontages and 50 m in length yielding a site area of some 907 sq m. There is a fall in the topography from Ramsay Road to Warne Street of some average of 7.5%. The site currently is occupied by a dwelling house with frontage to Ramsay Road and a garage with access to Warne Street.