NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Martin v Camden Council [2007] NSWLEC 660
APPLICANT Mark Martin PARTIES : RESPONDENT Camden Council
FILE NUMBER(S) : 10331 of 2007
CORAM: Hoffman C
KEY ISSUES: Appeal :- 39 place childcare centre, car parking, streetscape, vehicle noise, children at play noise, traffic safety, visual amenity from neighbours land, difficulty of separation from multiple neighbours.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Camden Local Environmental Plan No 47 Camden Development Control Plan 2006 New South Wales Industrial Noise Policy
DATES OF HEARING: 08/08/2007, 09/08/2007, 10/08/2007 and 18/09/2007
EX TEMPORE JUDGMENT DATE : 18 September 2007
APPLICANT Mr A. Seton, solicitor of Marsdens Law Group LEGAL REPRESENTATIVES:
RESPONDENT Ms J. Walsh, solicitor of Pike Pike and Fenwick
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
18 September 2007
10331 of 2007 Mark Martin v Camden Council
JUDGMENT 1 This is a Class 1 Appeal No 10331 of 2007 between Mark Martin and Camden Council in regard to a refusal of consent for a 39 place childcare centre at 16 Burnett Avenue, Mount Annan. The proposal incorporates an existing 1920s house to be used for nought to three year olds plus a kitchen and reception and wash rooms. An extension of the rear is proposed to provide three to six year old facilities and outdoor play areas.
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