NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Ayad -v- Hurstville City Council [2008] NSWLEC 1481
APPLICANT Ayad, Ash & Magdoline PARTIES : RESPONDENT Hurstville City Council
FILE NUMBER(S) : 10586 of 2008
CORAM: Hussey C
KEY ISSUES: Development Application :- Child Care Centre, building bulk/ scale & streetscape impact, flooding.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Hurstville Local Enviornmental Plan 1994
DATES OF HEARING: 2/12/2008
DATE OF JUDGMENT: 3 December 2008
APPLICANT Mr J Burrell, solicitor LEGAL REPRESENTATIVES: of Burrell Solicitor RESPONDENT Mr P Rigg, solicitor of Decons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
3 December 2008
10586 of 2008 A & M Ayad v Hurstville City Council
JUDGMENT
Background 1 This appeal was lodged against council's refusal of a development application for a 40 place childcare centre at 103 Penshurst Road, Penshurst.
2 The issues identified for the appeal are summarised as follows: o Suitability of the site due to flooding risk. o Bulk and scale and streetscape impacts. o Internal configuration. o Traffic and parking. o Public interest.
The site 3 This site is triangular–shaped with a 39.47m frontage to Penshurst Road and a total area of 798.9 sq m. It is adjacent to George Street, although it does not have frontage to this street because the corner and entire rear boundary is traversed by a 3.05m wide drainage easement that contains an open stormwater channel.
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