Universal Childcare Pty Ltd v North Sydney Council [2008] NSWLEC 1430

Land and Environment Court of New South Wales

CITATION : Universal Childcare Pty Ltd v North Sydney Council [2008] NSWLEC 1430

APPLICANT Universal Childcare Pty Ltd PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10989 of 2007

CORAM: Murrell C

KEY ISSUES: Development Application :- 84 place childcare centre, traffic and parking, noise impact on adjoining residential properties

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002 State Environmental Planning Policy No. 1

DATES OF HEARING: 14 and 15/04/2008 and 30/06/2008

DATE OF JUDGMENT: 29 October 2008

APPLICANT Ms S. Duggan, barrister and Mr A. Galasso, barrister Instructed by Ms E. Hillier LEGAL REPRESENTATIVES: of Gadens

RESPONDENT Ms K. Gerathy, solicitor of Home Wilkinson Lowry

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

29 October 2008

10989 of 2007 Universal Childcare Pty Ltd v North Sydney Council

JUDGMENT 1 The applicant in these proceedings appealed against the deemed refusal of a development application for an 84 place child-care centre on the site known as No. 11 Lindsay Street Neutral Bay.

2 The subject site is located on the southern side of Lindsay Street between Raymond and Westleigh Streets. The site is rectangular in shape with a total area of 1,394 square metres with a western boundary of 42 and an eastern boundary of 46 m. The frontage of 30.5 m is to Lindsay Street with a rear boundary adjoining Westleigh Lane of 30.5 m.