NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Keenwill Pty Limited v Willoughby City Council [2008] NSWLEC 1520
APPLICANT Keenwill Pty Limited PARTIES : RESPONDENT Willoughby City Council
FILE NUMBER(S) : 10898 of 2008
CORAM: Bly C
KEY ISSUES: Development Application :- child care centre, traffic impact, design and layout of the car parking areas, landscaping, amenity impact on neighbours, noise, traffic congestion, bulk and scale and overshadowing.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Willoughby Local Environmental Plan 1995 Willoughby Development Control Plan.
DATES OF HEARING: 19, 22, 23 and 24/12/2008
EX TEMPORE JUDGMENT DATE : 24 December 2008
APPLICANT Mr C. McEwen, SC with Mr M. Staunton, barrister Instructed by Sattler and Associates. LEGAL REPRESENTATIVES:
RESPONDENT Ms H. Irish, barrister Instructed by Mallesons Stephen Jaques
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Bly C
24 December 2008
10898 of 2008 Keenwill Pty Limited v Willoughby City Council This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT Introduction 1 This appeal involves a development application for the demolition of an existing dwelling house and the construction of a child-care centre with basement car parking and a two-bedroom dwelling at first-floor level at Nos 5 and 7 Donnelly Road, Naremburn. The centre is to accommodate 72 children with 10 staff and will operate between 7 a.m. and 6:30 p.m. Monday-Friday. 2 There is to be a 5.5/6.2 m wide two way access into the basement car park where 20 parking spaces including a loading dock are to be provided. Ten of these parking spaces are for centre staff, nine spaces for visitors and one space for the dwelling. The site and its environs 3 The essentially hatchet shaped site (an amalgamation of lot 1 DP 949324 and lot 2 DP 1074533) has an area of 1,282 square metres with a combined frontage of about 11 m to Donnelly Street. The proposed building's footprint largely reflects the shape of the site.
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