Elderly Australian Chinese Homes (NSW) Co-operative Ltd v Baulkham Hills SC [2005] NSWLEC 547

Land and Environment Court of New South Wales

CITATION : Elderly Australian Chinese Homes (NSW) Co-operative Ltd v Baulkham Hills SC [2005] NSWLEC 547

APPLICANT Elderly Australian Chinese Homes (NSW) Co-Operative Limited

PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10121 of 2005

CORAM: Hoffman C

Appeal :- Aged care facility - Traffic - Access - Streetscape - Solar Access - Public Interest - Parking - Fences - Noise - Amenity. KEY ISSUES:

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environment Planning Policy Seniors Living 2004

DATES OF HEARING: 27/07/2005, 28/07/2005 and 09/09/2005 EX TEMPORE JUDGMENT DATE : 09/09/2005

APPLICANT Mr. A. Pickles, barrister instructed by Mrs L. Finn, solicitor of Abbott Tout

LEGAL REPRESENTATIVES:

RESPONDENT Dr S. Berveling, barrister instructed by Mr P. Vergotis, solicitor of Matthew Follbig

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

9 September 2005

10121 of 2005 Elderly Australian Chinese Homes (NSW) Co-operative Ltd v Baulkham Hills Shire Council

JUDGMENT 1 This is a Class 1 Appeal No. 101021 of 2005, between the Elderly Australian Chinese Homes (NSW) Co-operative Limited v Baulkham Hills Shire Council, in regard to the refusal of consent for an aged care facility at No.'s 42-46 Darcey Road, Castle Hill.