NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Janalf Enterprises Pty Ltd v Baulkham Hills Shire Council [2005] NSWLEC 340
APPLICANT Janalf Enterprises Pty Ltd
PARTIES : RESPONDENT Baulkham Hills Shire Council
FILE NUMBER(S) : 11263 of 2004
CORAM: Hussey C
KEY ISSUES: Development Application :- Childcare centre - traffic - access - safety - amentiy - costs
Environmental Planning and Assessment Act LEGISLATION CITED: Baulkham Hills Local Environment Plan
Gee v Port Stephens Council [2003] NSWLEC 260; CASES CITED: Funtime Investments Pty Ltd v Yass Valley Council [2004] NSWLEC 322; Toon v Ku-ring-gai Council (No. 2) [2004] NSWLEC 593
DATES OF HEARING: 12-13/05/2005 and 30/06/2005
DATE OF JUDGMENT: 07/08/2005
APPLICANT Mr G McKee, solicitor SOLICITORS McKees Legal Solutions
LEGAL REPRESENTATIVES: RESPONDENT Mr T. To, barrister SOLICITORS PricewaterhouseCoopers Legal
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
8 July 2005
11263 of 2004 Janalf Enerprises Pty Ltd v Baulkham Hills Shire Council
JUDGMENT
Background 1 This appeal is against council's deemed refusal of a development application for the construction and operation of a childcare centre for 59 children at 18 Bannerman Road, Kenthurst.
2 The subject property is described as Lot 9, DP 244146 and has a total area of 2.024 ha and a frontage of approximately 66 m to Bannerman Road.
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