Woodfield Retirement Village v Ashfield Council [2004] NSWLEC 299

Land and Environment Court of New South Wales

CITATION : Woodfield Retirement Village v Ashfield Council [2004] NSWLEC 299 APPLICANT Woodfield Retirement Village PARTIES : RESPONDENT Ashfield Council FILE NUMBER(S) : 11223 of 2003 CORAM: Moore C KEY ISSUES: Development Application :- . LEGISLATION CITED: Environmental Planning and Assessment Act 1979 . CASES CITED: DATES OF HEARING: 10 and 11 March 2004 EX TEMPORE 03/12/2004 JUDGMENT DATE :

APPLICANT Mr A Galasso, barrister INSTRUCTED BY Wilshire Webb LEGAL REPRESENTATIVES:

RESPONDENT Mr S Griffiths, solicitor Pike, Pike & Fenwick

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11223 of 2003 Moore C 12 March 2004 Woodfield Retirement Village Applicant

v Ashfield Council Respondent Judgment

1 . This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal of a development application for the redevelopment of the former Bennelong Nursing Home facility at 48 Arthur Street, Ashfield. Although no formal notice of determination is available in the material before the Court, it is apparent that the matter has subsequently been considered by Ashfield Council (the council) on 18 November 2003 and dealt with by rejection.

2 . I should indicate, at the commencement of these reasons, that, although the application in its present form is unacceptable it is, in my view, potentially capable of being rendered acceptable. I propose to follow the course outlined to the parties during the proceedings of providing a commentary on those matters that have been placed in issue where I am minded to uphold in whole or in part the objections of the council.