NSW Caselaw
Land and Environment Court of New South Wales
CITATION : F S Architects Pty Limited v Liverpool City Council [2004] NSWLEC 745 APPLICANT F S Architects Pty Limited PARTIES : RESPONDENT Liverpool City Council FILE NUMBER(S) : 11177 of 2004 CORAM: Hussey C KEY ISSUES: Development Application :- deemed refusal of a new child care centre - noise - streetscape - traffic - fencing - landscaping - public interest. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Liverpool Local Environmental Plan - (LEP) Development Control Plan - (DCP) CASES CITED: DATES OF HEARING: 17/12/2004 - Interim Finding EX TEMPORE 12/17/2004 JUDGMENT DATE :
APPLICANT Mr M Pearce of Bowen & Gerathy
LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton of Marsdens
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
17 December 2004
11177 of 2004 F S Architects Pty Limited v Liverpool City Council
JUDGMENT 1 I am going to make an interim finding in this matter. The appeal was lodged against council's deemed refusal of a development application for a new child care centre at West Hoxton. The child care centre is proposed to be licensed for 39 children, and to operate five days from 7am to 7pm. The site is situated on the corner of Chapman and Watts Place.
2 After the deemed refusal, the council identified a number of issues of which traffic considerations were the major concern, together with fencing, landscaping, and other public interest considerations.
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