NSW Caselaw
Land and Environment Court of New South Wales
CITATION : ABC Planning Pty Ltd v Waverley Council [2006] NSWLEC 435
APPLICANT ABC Planning Pty Ltd PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 11399 of 2005
CORAM: Murrell C
KEY ISSUES: Development Application :- Childcare centre, increase the number of children from 13 to 21, noise, residential amenity, safe and convenient drop-off and pick up, parking
Environmental Planning and Assessment Act LEGISLATION CITED: Waverley Local Environmental Plan Development Control Plan No. 5 Development Control Plan No. 14.
DATES OF HEARING: 16-17/03/2006
EX TEMPORE JUDGMENT DATE : 06/19/2006
APPLICANT Mr G Green, solicitor SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT Mr G Newport, barrister Instructed by: Mr G Hartley SOLICITORS Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
19 June 2006
11399 of 2005 ABC Planning Pty Ltd v Waverley Council
JUDGMENT This judgment was delivered extemporaneously and has been edited before publication 1 This is an appeal under s 97 of the Environmental Planning and Assessment Act against Waverley Council's refusal of a development application to increase the number of children at an existing childcare centre located at 7 Lancaster Road, Dover Heights. It is proposed to increase the number of children from 13 to 21 and it is also proposed that the age group be extended to allow children between the ages of two to four, as opposed to all two-year-old children. 2 The proposed development is one that is permissible in the residential zone under the Waverley Local Environmental Plan (WLEP) and the provisions of the LEP of 1996 provide for: 10 (ii) that the council shall not grant consent to the carrying out of development within a zone unless the council is satisfied the development meets one or more of the objectives of the zone. 3 The objectives of the 2(a) low density residential zone are: a) To allow for housing only in the form of dwelling houses and boarding houses.
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