Doueihi v Baulkham Hill Shire Council [2007] NSWLEC 826

Land and Environment Court of New South Wales

CITATION : Doueihi v Baulkham Hill Shire Council [2007] NSWLEC 826

APPLICANT Edmond Doueihi PARTIES : RESPONDENT Baulkham Hill Shire Council

FILE NUMBER(S) : 10910 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- tattoo parlour, social environment and antisocial behaviour, security, objectives of the LEP and the business zone, hours of operation, noise and light transmission.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Baulkham Hills Local Environmental Plan 2005 Baulkham Hills Development Control Plan

DATES OF HEARING: 17/12/2007

EX TEMPORE JUDGMENT DATE : 17 December 2007

APPLICANT Mr P. Jackson, solicitor of Pike Pike and Fenwick LEGAL REPRESENTATIVES:

RESPONDENT Mr A. Pickles, Barrister Instructed by Mr C. Winn - legal officer

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

17 December 2007

10910 of 2007 Edmond Doueihi v Baulkham Hill Shire Council This decision was given extemporaneously. It has been revised and edited prior to publication.

JUDGMENT 1 This appeal relates to Development Application No 1430/2007/PB, which is for the use of part of the existing building at 335 Windsor Road Baulkham Hills for a tattoo parlour. Parking is available at the rear of the site. The existing building comprises two tenancies: units A and B. Unit B is presently used as a kitchen showroom and unit B, the subject premises, is presently vacant. The tattoo parlour is proposed to operate seven days per week 8 a.m. to 10 p.m.