Shelly Bear Pty Ltd v Canterbury City Council [2004] NSWLEC 45

Land and Environment Court of New South Wales

CITATION : Shelly Bear Pty Ltd v Canterbury City Council [2004] NSWLEC 45 APPLICANT Shelly Bear Pty Ltd PARTIES : RESPONDENT Canterbury City Council FILE NUMBER(S) : (1)0121 of 2002 CORAM: Hoffman C KEY ISSUES: Development Application :- Conversion of a house - day care centre - whether or not tonal noise - created by children at play - should be included in the assessment of acoustic impacts on neighbours LEGISLATION CITED: CASES CITED: DATES OF HEARING: 23/06/2003, 24/06/2003 and 19/01/2004 EX TEMPORE 01/21/2004 JUDGMENT DATE :

APPLICANT Mr M Ball, town planner

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

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

(1)0121 of 2002 Hoffman C 21 January 2004 Shelly Bear Pty Ltd Applicant v Canterbury City Council Respondent Judgment

1 . This was a Class 1 appeal No. 0121 of 2002 between Shelly Bear Proprietary Limited and Canterbury Council in regard to the conversion of a house and yards at No. 2 Balmoral Street, Croydon Park, for a child day care centre.

2 . In the original development application it was to operate in conjunction with an existing centre at No. 3 Melrose Street. The two properties adjoin via their back boundaries, the latter had operated since 1995. During the hearing the applicant sought and was allowed to have No. 2 Balmoral Street operate independently as part of the application. The number of car spaces on the site was increased from two to four. This was done by providing stack parking with two staff spaces side by side in the front set back with noses to the house and two pick up and drop off spaces behind them, just inside the front boundary.