Hamptons Development Group Pty Ltd v North Sydney Council [2008] NSWLEC 23

Land and Environment Court of New South Wales

CITATION : Hamptons Development Group Pty Ltd v North Sydney Council [2008] NSWLEC 23

APPLICANT Hamptons Development Group Pty Ltd PARTIES : RESPONDENT North Sydney Council

FILE NUMBER(S) : 10990 of 2007

CORAM: Hoffman C

KEY ISSUES: Deemed Refusal :- 72 place child care centre, traffic generation, parking, noise to adjoining/adjacent dwellings, visual privacy, size of business, height limit, inconsistencies in drawings.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: North Sydney Local Environmental Plan 2001 North Sydney Development Control Plan 2002

CASES CITED: Bluestone Property v North Sydney Council [2006] NSWLEC 449

DATES OF HEARING: 20/11/2007, 12/12/2007 and 20/12/2007

DATE OF JUDGMENT: 17 January 2008

APPLICANT Mr C. McEwen, SC instructed by Ms I. Ferguson of Gadens LEGAL REPRESENTATIVES:

RESPONDENT Mr C. Drury, solicitor of DLA Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hoffman C

17 January 2008

10990 of 2007 Hamptons Development Group Pty Ltd v North Sydney Council

JUDGMENT 1 Commissioner: This is a Class 1 Appeal No. 10990 of 2007 between Hamptons Development Group Pty Ltd and North Sydney Council in regard to the deemed refusal of a proposal to fit out and use level 3 of Building C at Nos. 450-476 Miller Street, and No. 11 Amherst Street, Cammeray, for a 72 place child care centre. The number of children in each age group are: 0 - 2 years 20 children 2 - 3 years 32 children 3 - 5 years 20 children 2 The hours of operation are between 7am and 7pm Monday to Friday. Twelve staff are proposed.