Kwok v Parramatta City Council [2007] NSWLEC 644

Land and Environment Court of New South Wales

CITATION : Kwok v Parramatta City Council [2007] NSWLEC 644

APPLICANT Linda Kwok PARTIES : RESPONDENT Parramatta City Council

FILE NUMBER(S) : 10475 of 2007

CORAM: Moore C

Development Application :- KEY ISSUES: Childcare centre Parking and traffic

CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373

DATES OF HEARING: 12 September 2007

EX TEMPORE JUDGMENT DATE : 12 October 2007

APPLICANT Mr M Staunton, barrister LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

MOORE C

12 September 2007

07/10475 Linda Kwok v Parramatta City Council

JUDGMENT

This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/ 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 (the Act) against the deemed refusal by Parramatta City Council (the Council) of Development Application 231/2007 for the demolition of an existing brick dwelling and the construction of a single storey, thirty-five place childcare centre over basement parking at 9 Andrews Place, Dundas (the site). 2 The site has an area of approximately 645 sq m and is at the commencement of the head of the cul-de-sac on St Andrews Place. 3 A variety of matters have been raised with concern to the application - both a limited number on behalf of the Council and a wider ranging set of issues pressed on behalf of a number of objectors who are residents in the immediate vicinity and/or have connections with the Anglican Church at the head of St Andrews Place 4 The issues fall into two categories – those that are internal within the site and those that might be described as the broader traffic and transport issues associated with St Andrews Place. 5 It is convenient to deal first with the issues that are within the site. 6 As a result of the expert report provided by Mr Hallam, the single parties' traffic engineer, a number of matters have been raised concerning the design of the basement level car park.