Smart Construction v Baulkham Hills Shire Council [2007] NSWLEC 581

Land and Environment Court of New South Wales

CITATION : Smart Construction v Baulkham Hills Shire Council [2007] NSWLEC 581

APPLICANT Smart Construction (Australia) Pty Limited PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10354 of 2007

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of an existing dwelling and the constructions of a childcare centre - streetscape/character - lot width

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

DATES OF HEARING: 13/08/07

DATE OF JUDGMENT: 14 August 2007

APPLICANT Mr J Maston, barrister SOLICITORS Greenaway and Tohme LEGAL REPRESENTATIVES: RESPONDENT Mr M Fraser, barrister SOLICITORS Baulkham Hills Shire Council

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

14 August 2007

10354 of 2007 Smart Construction (Australia) Pty Limited v Baulkham Hills Shire Council

JUDGMENT

1 Development Application No. 339/07/HA seeks approval for the demolition of an existing dwelling and the constructions of a childcare centre at 59 Jenner Street, Baulkham Hills.

2 The proposal provides for forty-four children, comprising 24 children being two to three years old and 20 children being three to five years old, with five staff members proposed and the provision of 12 standard spaces and one disabled car parking space. The childcare centre will operate between 6.30 am and 6.30 pm Monday to Friday.