Usien v Hornsby Shire Council [2006] NSWLEC 331

Land and Environment Court of New South Wales

CITATION : Usien v Hornsby Shire Council [2006] NSWLEC 331

Applicant: Janusz Usien PARTIES : Respondent: Hornsby Shire Council

FILE NUMBER(S) : 11355 of 2005

CORAM: Roseth SC

KEY ISSUES: Development Application :- childcare centre

DATES OF HEARING: 14/06/2006

DATE OF JUDGMENT: 06/21/2006

Applicant: LEGAL REPRESENTATIVES: in person Respondent: Mr T Pickup, solicitor of Storey & Gough Solicitors

JUDGMENT: - 3 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

21 June 2006

11355 of 2005 Janusz Usien v Hornsby Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Hornsby Shire Council (the council) of a development application to alter and extend an existing child care centre by extending the main indoor play area, adding a new staff room and providing additional parking spaces on lot 14 DP 26493known as 227 Ray Road, Epping.

The site 2 The site is on the southern side of Ray Road. An existing childcare centre for 24 children now stands on it. There is an open car park in the front without landscaping or fence. To either side are single-storey houses. The rear adjoins a school. The locality is low density residential.

The proposal and its history 3 The applicant seeks to expand the existing child care centre for 24 children to cater for 36 children by extending the main indoor play area, building a new staff room and providing additional car spaces. 4 The applicant lodged the development application in October 2004. Following notification the council received three submissions, none of them from adjoining properties. In May 2005 the council refused the application under delegated authority. The applicant lodged the appeal in November 2005.