Multiplex Developments (Australia) Pty Ltd v Pittwater Council [2006] NSWLEC 421

Land and Environment Court of New South Wales

CITATION : Multiplex Developments (Australia) Pty Ltd v Pittwater Council [2006] NSWLEC 421

APPLICANT Multiplex Developments (Australia) Pty Limited PARTIES : RESPONDENT Pittwater Council

FILE NUMBER(S) : 11429 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- childcare centre to utilise part of a commercial building, streetscape, carparking, noise

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Pittwater Local Environmental Plan 1993

DATES OF HEARING: 05/06/2006-07/06/2006

EX TEMPORE JUDGMENT DATE : 06/07/2006

APPLICANT Mr A. Pickles, barrister Instructed by Ms MacFarlane of Minter Ellison LEGAL REPRESENTATIVES:

RESPONDENT Ms G. Furness, barrister Instructed by Malleson Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

7 June 2006

11429 of 2005 Multiplex Developments (Australia) Pty Limited v Pittwater Council

JUDGMENT 1 This is an ex tempore judgment for an appeal under s 97 of the Environmental Planning and Assessment Act against Pittwater Council's refusal of a development application for a childcare centre to utilise part of the existing commercial area of the property known as No. 10 Park Street, Mona Vale.

2 The centre is a mixed-use development constructed in the 3A General Business Zone of Pittwater and the current uses within the centre include a number of speciality shops, a supermarket and a gymnasium at the first floor level. It is proposed to convert part of the commercial area office space at the first floor level for the purposes of a childcare centre and the area would also require an addition in terms of a play area at the first floor level to extend over what is a right of carriageway/a right of way.