Universal Child Care Pty Ltd v Leichhardt Municipal Council [2007] NSWLEC 808

Land and Environment Court of New South Wales

CITATION : Universal Child Care Pty Ltd v Leichhardt Municipal Council [2007] NSWLEC 808

APPLICANT Universal Child Care Pty Ltd PARTIES : RESPONDENT Leichhardt Municipal Council

FILE NUMBER(S) : 10127 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- demolition of existing buildings, child-care centre, traffic congestion and car parking, adverse amenity impacts on neighbours, landscaping, building appearance, streetscape and character.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Leichhardt Local Environment Plan 2000 Leichhardt Development Control Plan 2000

DATES OF HEARING: 21/11/2007 and 22/11/2007

DATE OF JUDGMENT: 13 December 2007

APPLICANT Mr A Galasso SC Instructed by Ms I Ferguson of Gadens LEGAL REPRESENTATIVES:

RESPONDENT Ms J Reed, solicitor Instructed by Pike Pike and Fenwick

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

13 December 2007

10127 of 2007 Universal Child Care Pty Limited v Leichhardt Municipal Council

JUDGMENT Introduction 1 On 19 December 2006 the Leichhardt Council received Development Application No.D/2006/760 seeking development consent for the demolition of two dwelling houses and a factory building and the construction of a new purpose-built two-storey 74 place child-care centre at 153-159 Balmain Road. Leichhardt opened I could "the child-care centre"). The Class 1 appeal was lodged with the Court on the basis of the deemed refusal of the development application although the Council subsequently refused the application on 5 February 2007.