Gumnut Tree House v Rockdale City Council [2003] NSWLEC 126

> Land and Environment Court of New South Wales

CITATION : Gumnut Tree House v Rockdale City Council [2003] NSWLEC 126 APPLICANT: Gumnut Tree House PARTIES : RESPONDENT: Rockdale City Council FILE NUMBER(S) : 10864 of 1994 CORAM: Bignold J KEY ISSUES: Development Consent :- Modification application:-increase in hours of operation and maximum number of children in existing child care facility LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96 CASES CITED: DATES OF HEARING: 28/03/2003 EX TEMPORE JUDGMENT DATE : 03/28/2003

APPLICANT: Ms F Dunning, Agent SOLICITORS N/A LEGAL REPRESENTATIVES: RESPONDENT: Ms J Hewitt, Solicitor SOLICITORS Abbott Tout

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Matter No . . 10864 of 1994 Coram : Bignold J 28 March 2003

GUMNUT TREE HOUSE PTY LIMITED

Applicant

v

ROCKDALE CITY COUNCIL

Respondent

JUDGMENT

1. This is an application pursuant to the Environmental Planning and Assessment Act 1979, s 96 to modify the Development Consent granted by the Court on 19 May 1995 for the expansion of an existing child care facility situated at property known as No 15 Rawson Avenue, Bexley. The consent was granted subject to a number of conditions and took the form of a "roll-up" consent, consenting not only to the development sought on that occasion but to the original development as well.

2. The actual development proposal before the Court in 1995 was a proposal to cease to use a residential component of the premises for residential purposes and to correspondingly expand the accommodation for child care facilities. That was approved but, as I say, the conditions of approval obviously were imposed in a "roll-up" fashion to apply to the expanded facility.