NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Doodha v Parramatta City Council [2008] NSWLEC 1482
APPLICANT Jahangir & Kashmira Doodha PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10761 of 2008
CORAM: Hoffman C
KEY ISSUES: Development Application :- Child Care Centre, locational requirements, parking & traffic, streetscape character, building form & massing, number of children, outdoor recreation space
Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Parramatta Local Environmental Plan 2001 (Amendment No.13)
CASES CITED: Zhang v Canterbury City Council [2001] 115 LGERA 373 Stockland Developments Pty Ltd v Manly Council [2005] 136 LGERA 254
DATES OF HEARING: 13/11/2008
DATE OF JUDGMENT: 5 December 2008
APPLICANT Dr Berveling, Barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr Marincowitz, solicitor of DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
5 December 2008
10761 of 2008
DOODHA, JAHANGIR AND ANOR v PARRAMATTA CITY COUNCIL
JUDGMENT 1 Commissioner: This is Class 1 appeal dealt with by a s34 conciliation conference under the Land & Environment Court Act 1979. The conference was held on site and in Court on 16 October and 13 November 2008. On 13 November the parties terminated conciliation and asked me to Hear the matter forthwith under s 34(4)(b)(i), the matters discussed during the conference being admissible in the Hearing. The proposal 2 The proposal is for the demolition of the existing dwelling and associated structures, tree removal and construction of a childcare centre for 41 children (during conference reduced to 39). Vehicular access is proposed off both Midson Road and Francis Street with 10 on-site car parking spaces (eight off Francis Street to the drop-off/pick-up car-park, and two staff spaces to a garage off Midson Road). 3 During the conciliation a number of issues were resolved to the respondent's satisfaction. I will refer to the changes that led to deletion of issues in The Evidence.
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