Quinn Homes Pty Ltd v Parramatta City Council [2007] NSWLEC 732

Land and Environment Court of New South Wales

CITATION : Quinn Homes Pty Ltd v Parramatta City Council [2007] NSWLEC 732

APPLICANT Quinn Homes Pty Ltd PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10671 of 2007

CORAM: Hussey C

KEY ISSUES: Development Application :- New child care centre; impact on character of residential area, traffic, acoustic impacts.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 Parramatta Development Control Plan 2005

CASES CITED: Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING: 26/09/2007 and 24/10/2007

DATE OF JUDGMENT: 9 November 2007

APPLICANT Mr A. Pickles, barrister Instructed by Woolf Associates LEGAL REPRESENTATIVES:

RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

9 November 2007

10671 of 2007 Quinn Homes Pty Ltd v Parramatta City Council

JUDGMENT Background. 1 This appeal was lodged against councils' refusal of a development application for a 39 place child care centre at 14 Union Street, Eastwood. This site contains an existing dwelling and is within a residential area characterised mainly by dwelling houses.

2 For the appeal a number of issues were identified, which are summarised as follows: o The proposed development is out of character in the residential locality; o Traffic impacts in terms of safety risks in Union Street and at its intersection with Milton Avenue; o Public interest matters raised by objectors, particularly traffic impacts, noise and impact on the character of the neighbourhood.