Shelly Bear Pty Ltd v Canterbury City Council [2004] NSWLEC 369

Land and Environment Court of New South Wales

CITATION : Shelly Bear Pty Ltd v Canterbury City Council [2004] NSWLEC 369 APPLICANT Shelly Bear Pty Ltd PARTIES : RESPONDENT Canterbury City Council FILE NUMBER(S) : (1)0121 of 2002 CORAM: Hoffman C KEY ISSUES: Development Application :- Proposed childcare centre - parking - noise of children at play - site width - proximity to main road - impact on valuation of neighbouring house Canterbury Local Environmental Plan 138 LEGISLATION CITED: Development Control Plan 25 Environmental Planning and Assessment Act 1979 CASES CITED: DATES OF HEARING: 23-24/06/2003, 04 and 09/07/2003, 19/01/2004, 02/05/2004 EX TEMPORE 05/20/2004 JUDGMENT DATE :

APPLICANT Mr M Ball, town planner

LEGAL REPRESENTATIVES: RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens Law Group

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

20 May 2004

(1)0121 of 2002 Shelly Bear Pty Ltd v Canterbury City Council

JUDGMENT 1 This was a class 1 appeal 0121/02 between Shelly Bear Pty Limited and Canterbury City Council in regard to a childcare centre proposed at No. 2 Balmoral Street, Croydon Park. 2 The existing house was to be altered and extended to provide for ten children between the ages of nought to two year old and five children between two to three years old, fifteen children total with three staff. 3 The proposal abutted at its rear boundary another larger childcare centre at No. 3 Melrose Street also owned and operated by Shelly Bear. The new proposal at Balmoral Street was to be run separately with no gate in the back fence to connect the two.