Grima v Holroyd City Council [2007] NSWLEC 759

Land and Environment Court of New South Wales

CITATION : Grima v Holroyd City Council [2007] NSWLEC 759

APPLICANT Val and Marian Grima PARTIES : RESPONDENT Holroyd City Council

FILE NUMBER(S) : 10151 of 2007

CORAM: Tuor C

Development Application :- alterations and additions to an existing childcare centre to increase the number of children KEY ISSUES: impact on residential amenity and streetscape noise, carparking and open space.

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 1991

DATES OF HEARING: 22/08/2007 and 10/10/2007

EX TEMPORE JUDGMENT DATE : 10 October 2007

APPLICANT Mr C. Gough, solicitor of Storey and Gough LEGAL REPRESENTATIVES:

RESPONDENT Mr G. McKee, solicitor of McKees

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

10 October 2007

10151of 2007 Val and Marian Grima v Holroyd City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal by Holroyd City Council (the council) of a Development Application (DA450/2007) under the Environmental Planning and Assessment Act 1979 to demolish an existing dwelling and for alterations and additions to an existing childcare centre to increase the number of children from 29 to 74 at 56 Hampden Road, Wentworthville. 2 The site, its context, the history of the proposal and the planning controls are in the Statement of Facts and Contentions prepared by the council and filed on 4 June 2007. 3 The main issue in dispute between the parties was that the proposed increase in the number of children does not comply with cl 9 of Holroyd Development Control Plan No 27 - Guidelines for Development of Childcare Centres (DCP 27) which provides: