Norton v Baulkham Hills Shire Council [2006] NSWLEC 603

Land and Environment Court of New South Wales

CITATION : Norton v Baulkham Hills Shire Council [2006] NSWLEC 603

APPLICANT Chris Norton PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 11254 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- alterations and additions to an existing dwelling and use as a childcare centre - traffic - parking - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005

DATES OF HEARING: 13/09/06

DATE OF JUDGMENT: 09/27/2006

APPLICANT Mr C Gough, solicitor SOLICITORS Storey and Gough

LEGAL REPRESENTATIVES: RESPONDENT Ms S Brew, solicitor SOLICITORS MatthewsFolbigg

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

27 September 2006

11254 of 2005 Chris Norton V Baulkham Hills Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA1677/05/HA by Baulkham Hills Shire Council (the council) for alterations and additions to an existing dwelling and it's use as a childcare centre at 55 Cook St, Baulkham Hills (the site). The site 2 The site is Lot 521 in DP 624929. It is generally rectangular in shape with a street frontage of 24.38 metres (including a splay for an adjoining battle axe handle), a depth of 56.39 metres and a total site area of 1504 square metres. The site is at the T-intersection of Cook St and Park Rd. Part of Cook St and Park Rd perform a sub-arterial road function for traffic travelling in an east – west direction.