Rupert v Manly Council [2004] NSWLEC 276

Land and Environment Court of New South Wales

CITATION : Rupert v Manly Council [2004] NSWLEC 276 APPLICANT Laura Rupert PARTIES : RESPONDENT Manly Council FILE NUMBER(S) : 11059 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- Childcare centre above existing dwelling - proposed increase in number of children sought from 15 to 25 - no drive-through - traffic and parking - car turntable to be provided on site - noise - privacy LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 27 January 2004; 24 February 2004 (telephone conference, and final orders) EX TEMPORE 01/27/2004 JUDGMENT DATE :

APPLICANT Mr G McKee, solicitor SOLICITORS McKees LEGAL REPRESENTATIVES: RESPONDENT Ms K Gerathy, solicitor SOLICITORS Abbot Tout

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11059 of 2003

Nott C

27 January 2004

Laura Rupert Applicant v Manly Council Respondent

Reasons for Judgment

1 . This is an appeal against the council's refusal of a development application to increase the number of children of a childcare centre at 25 Fromelles Avenue, Seaforth, from 15 children to 23 children and to carry out alterations and additions principally to the upstairs section of the building where there is a dwelling.

2 . The application was considered by the council and refused. At the hearing, I heard expert traffic engineering evidence from Mr J Hewitt for the applicant and Mr K Ketheesuran for the council. I also heard expert town-planning evidence and as well took into account the written evidence of Ms A Moore and Mr Armstrong. In addition, I have taken into account the evidence of adjoining or nearby neighbours who attended in person, and I have considered the written documentation presented by both parties.