Sherringhams Nurseries v Baulkham Hills Shire Council [2003] NSWLEC 307

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CITATION : Sherringhams Nurseries v Baulkham Hills Shire Council [2003] NSWLEC 307 APPLICANT Sherringhams Nurseries PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10224 of 2003 CORAM: Nott C KEY ISSUES: Development Application :- Retail plant nursery - traffic and parking - adjoining a primary school - Rural 1(c) zone

LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 97 CASES CITED: DATES OF HEARING: 18 & 19 August 2003, 27 & 28 November 2003 EX TEMPORE JUDGMENT DATE : 11/28/2003

APPLICANT Mr D. Wilson, barrister SOLICITOR Mark McDonald LEGAL REPRESENTATIVES: RESPONDENT Mr D. Miller, barrister SOLICITORS PricewaterhouseCoopers Legal

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 10224 of 2003

Nott C

28 November 2003

Sherringhams Nurseries Applicant v

Baulkham Hills Shire Council Respondent

Reasons for Judgment

1 . This is an appeal against the council's refusal of a development application for a retail plant nursery on lot 2 DP541329 at 626 Old Northern Road Dural.

2 . The development application was considered by council officers and was recommended for approval subject to conditions. However, the council resolved to refuse the application and the applicant appealed to this Court. On the second hearing day, the appeal was adjourned to enable the applicant to submit amended plans to meet certain criticisms, particularly relating to parking and layout on the site. The amended plans, exhibit R, included detailed architectural plans, landscape plans and drainage and other engineering design plans.