D & H Kane Investments Pty Limited v Ashfield Municipal Council [2007] NSWLEC 504

Land and Environment Court of New South Wales

CITATION : D & H Kane Investments Pty Limited v Ashfield Municipal Council [2007] NSWLEC 504

APPLICANT D & H Kane Investments Pty Limited PARTIES : RESPONDENT Ashfield Municipal Council

FILE NUMBER(S) : 10119 of 2007

CORAM: Bly C

KEY ISSUES: Development Application :- Car wash and vacumming facility, impacts on residential amenity

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ashfield Local Environmental Plan 1985

DATES OF HEARING: 10/07/2007 and 11/07/2007

EX TEMPORE JUDGMENT DATE : 11 July 2007

APPLICANT Dr S. Berveling, barrister Instructed by A. Perkins of Sparke Helmore LEGAL REPRESENTATIVES:

RESPONDENT Mr S. Patterson, solicitor of Wilshire Webb Staunton Beattie

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Bly C

10 July 2007

10119 of 2007 D & H Kane Investments Pty Limited v Ashfield Municipal Council

JUDGMENT 1 This is an appeal against the deemed refusal of Development Application No. 10.2006.310, which is for a car wash and vacuuming facility including advertising signs at 412-416 Liverpool Road, Corydon. Vehicular access to the site is off Liverpool Road and egress is via Wetherill Street.

2 Subsequent to the lodgement of the appeal and having taken into account expert evidence and further information provided by the applicant, the council decided that conditional development consent should be granted. Those conditions include a condition requiring that the facility can operate between the hours of 7am and 7pm seven days per week.