NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Coruhlu v Blacktown City Council [2009] NSWLEC 1270
APPLICANT Ertuerul Alf Coruhlu PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10014 of 2009
CORAM: Murrell C - Dixon C
KEY ISSUES: DEVELOPMENT APPLICATION :- 66 place child care centre; noise impacts on adjoining proeprties; traffic & parking; and impact on streetscape.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Blacktown Local Environmental Plan Blacktown Development Control Plan
DATES OF HEARING: 9 July 2009 and 10 July 2009
DATE OF JUDGMENT: 4 November 2009
APPLICANT Mr S Kondilios (solicitor) SOLICITOR Maddocks Lawyers LEGAL REPRESENTATIVES:
RESPONDENT Mr A Seton (solicitor) SOLICITOR Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C Dixon C
4 November 2009
10014 of 2009 Coruhlu v Blacktown City Council
JUDGMENT 1 The applicant seeks consent to build a 66 place long day childcare centre on a large vacant site at Kellyville Ridge. The Council contends that the development is unacceptable because "it is just too big". The other related issues are the traffic and acoustic impacts on the residential amenity of the neighbourhood.
2 The Court determines that this appeal for the proposed 66 place centre should be dismissed and consent refused because of the exceedence in noise levels from the traffic manoeuvring and parking onsite.
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