Janalf Enterprises Pty Ltd v Baulkham Hills Shire Council [2007] NSWLEC 160

Land and Environment Court of New South Wales

CITATION : Janalf Enterprises Pty Ltd v Baulkham Hills Shire Council [2007] NSWLEC 160

APPLICANT Janalf Enterprises Pty Ltd PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 11263 of 2004

CORAM: Hussey C

KEY ISSUES: s 96 Application :- Access driveway/safety, landscaping

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005

DATES OF HEARING: 21/03/2007

EX TEMPORE JUDGMENT DATE : 21 March 2007

APPLICANT Mr S. Mckee, solicitor of Mckees Legal Solutions LEGAL REPRESENTATIVES:

RESPONDENT Mr M. Pearce, solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

21 March 2007

11263 of 2004 Janalf Enterprises Pty Ltd v Baulkham Hills Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication. JUDGMENT Background. 1 This appeal was lodged against council's deemed refusal of a s 96 Modification to delete conditions of consent relating to traffic issues, imposed by the Court on a development consent for a childcare centre at No 18 Bannerman Road, Kenthurst.

2 The particular condition sought to be deleted is as follows: 2. Existing Vehicular Crossing Removal The removal of the existing driveway & vehicular crossing on Bannerman Road to ensure the enclosure of the current access point. Such work shall include the restoration of the pavement surface on Bannerman Road and backfilling, topsoiling & turfing of the current driveway and crossing area. 3 Also, the deletion of the requirement in Condition 1 that speed humps be constructed along the new driveway.