El-Hazouri v The Hills Shire Council [2009] NSWLEC 1043

Land and Environment Court of New South Wales

CITATION : El-Hazouri v The Hills Shire Council [2009] NSWLEC 1043

APPLICANT Anthony El-Hazouri PARTIES : RESPONDENT The Hills Shire Council

FILE NUMBER(S) : 11157 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to an existing dwelling for a 33 place child-care centre - consent orders - objector issues

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

DATES OF HEARING: 18/02/09

EX TEMPORE JUDGMENT DATE : 18 February 2009

APPLICANT In Person

LEGAL REPRESENTATIVES: RESPONDENT Mr C Winn, solicitor SOLICITORS The Hills Shire Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

18 February 2009

11157 of 2008 Anthony El-Hazouri v The Hills Shire Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by The Hills Shire Council (the council) of Development Application No. 87/2009/HA for alterations and additions to an existing dwelling for a 33 place child-care centre at 49 Jasper Rd, Baulkham Hills (the site).

2 The proceedings were conducted as an On Site Hearing on 18 February 2009 and the judgement reflects the relevant contents of the Statement of Facts and Contentions and the reasons for the decision given on-site.

3 The site is Lot 31 in DP 609185. It is a corner lot and has a frontage of 21.335 m to Jasper Rd, a 48.82 m frontage to Justine Ave and a total area of 1039.5 sq m. The site contains a single storey dwelling house and associated garage and carport structures. The locality is predominantly made up of single dwellings of one and two storey construction.