NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Love Child v Canada Bay City Council [2007] NSWLEC 164
APPLICANT Love Child PARTIES : RESPONDENT Canada Bay City Council
FILE NUMBER(S) : 10912 of 2006
CORAM: Bly C
KEY ISSUES: Development Application :- two childcare centres in an existing building in a commercial area, internal design and access arrangements, adequacy of the play areas.
Environmental Planning and Assessment Act 1979 Drummoyne Local Environmental Plan 1986 LEGISLATION CITED: Child Care Centre Development Control Plan 2006 Relevant weight of the Child Care DCP Children's Services Regulation 2004 Children and Young Persons (Care and Protection) Act 1998
CASES CITED: Zhang v Canterbury City Council [2001] NSWCA 167; Architectural Property Services Pty Ltd - V - Rockdale City Council [1999] NSWLEC 83
DATES OF HEARING: 21, 22 February 2007 and 2 March 2007
DATE OF JUDGMENT: 30 March 2007
APPLICANT Miss G Furness, barrister instructed by Mallesons Stephen Jaques LEGAL REPRESENTATIVES:
RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
30 March 2007
10912 of 2006 Love Child v Canada Bay City Council
JUDGMENT Introduction 1 This appeal relates to Development Application No. 302/2006, which is for alterations to an existing two-storey plus basement commercial building at 181 First Avenue Five Dock for the purpose of two childcare centres. The development application was lodged with the council on 15 June 2006.
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