De Witt v Lake Macquarie City Council [2008] NSWLEC 1196

Land and Environment Court of New South Wales

CITATION : De Witt v Lake Macquarie City Council [2008] NSWLEC 1196

APPLICANT Bernie De Witt Consulting Pty Limited PARTIES : RESPONDENT Lake Macquarie City Council

FILE NUMBER(S) : 10036 of 2008

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of all existing structures and the erection of a private educational establishment - character/streetscape - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 5, 6 /05/08

EX TEMPORE JUDGMENT DATE : 6 May 2008

APPLICANT Mr C McEwen SC SOLICITORS Sparke Helmore LEGAL REPRESENTATIVES: RESPONDENT Mr I Hemmings, barrister SOLICITORS Lake Macquarie City Council

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

6 May 2008

10036 of 2008 Bernie De Witt Consulting Pty Limited v Lake Macquarie City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by Lake Macquarie City Council (the council) of DA/1697/2007 for the demolition of all existing structures and the erection of a private educational establishment at 6 Taylor Avenue and 8 Johnson Avenue, Barnsley (the site).

2 The council originally raised a number of separate contentions however, those relating to social impact (Contention 3), car parking (Contention 4), acoustic impacts (Contention 5), disabled access (Contention 6), and inadequate information (Contention 10) were not pressed by the council following the submission of amended plans and further information. The outstanding contentions related to the impact on the streetscape and character of the area and the impact on neighbouring development and the wider public interest.