NSW Caselaw
Land and Environment Court of New South Wales
CITATION : BSDI Pty Ltd v Manly Council [2009] NSWLEC 1067 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT BSDI Pty Ltd PARTIES : RESPONDENT Manly Council
FILE NUMBER(S) : 10429 of 2008
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- for 90 place childcare centre, impact on adjoining properties in terms of bulk and noise; traffic generation and parking adequacy; intersection of two main roads; internal amenity for children and amenity of outdoor play areas.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Roads Act 1993 Manly Local Environmental Plan 1988 Manly Development Control Plan
DATES OF HEARING: 19, 20 & 21/11/2008, further written submissions received on 3 and 9/12/2008
DATE OF JUDGMENT: 20 March 2009
APPLICANT Mr D. T. Miller, barrister instructed by Gadens Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Ms. C. Schofield, solicitor of Pikes Lawyers
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
20 March 2009
10429 of 2008 BSDI Pty Ltd v Manly Council
JUDGMENT 1 The applicant in these proceedings is seeking to demolish the existing structures on the site and construct a two-storey child-care centre with associated carparking to accommodate 90 children. The number of children by age groups: 30 places for the 0-1 year olds; 32 places for the 2-3 year olds; and 28 places the 3-5 year olds.
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