NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Eskander v Parramatta City Council [2008] NSWLEC 1411
APPLICANT Samir Eskander PARTIES : RESPONDENT Parramatta City Council
FILE NUMBER(S) : 10539 of 2008
CORAM: Tuor C
KEY ISSUES: Section 96 Modification :- modify development consent 98/1432 to increase the number of children from 53 to 69 at a child care centre
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
DATES OF HEARING: 30/09/08
EX TEMPORE JUDGMENT DATE : 30 September 2008
APPLICANT Mr B. Dennis, solicitor of Dennis & Co LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
30 September 2008
10539 of 2008 Samir Eskander v Parramatta City Council
JUDGMENT 1 This is an appeal against the refusal by Parramatta City Council (the council) of an application under s 96 of the Environmental Planning and Assessment Act 1979 to modify a development consent (98/1432) for a childcare centre to increase the number of children from 53 to 69 at 23 Crossland Street, Merrylands (the site). 2 In January 1996, the council approved a development application (95/125) for a child care centre with 29 children and three parking spaces on the site.
3 In September 2000 the council approved a further development application (98/1432) on both 23 and 25 Crossland Street for an additional 24 children and parking for 8 cars.
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