Noori v Strathfield Municipal Council [2007] NSWLEC 84

Land and Environment Court of New South Wales

CITATION : Noori v Strathfield Municipal Council [2007] NSWLEC 84

APPLICANT H. B. Noori PARTIES : RESPONDENT Strathfield Municipal Council

FILE NUMBER(S) : 10229 of 2006

CORAM: Tuor C

Development Application :- Adaptive re-use of existing buildings KEY ISSUES: traffic and parking, impact on heritage buildings impact on residential amenity

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Strathfield Planning Scheme Ordinance Strathfield Draft Local Environmental Plan 2003

CASES CITED: New Century Development Pty Limited v Baulkham Hills Shire Council (2003) NSWLEC 154

DATES OF HEARING: 4/10/2006, 5/10/2006 and 14/02/2007

EX TEMPORE JUDGMENT DATE : 15 February 2007

APPLICANT Mr A. Woodward, solicitor of Pricewaterhouse Coopers Legal

LEGAL REPRESENTATIVES: RESPONDENT Mr P Larkin, barrister Solicitors Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Tuor C

15 February 2007

10229 of 2006 H B Noori v Strathfield Municipal Council

JUDGMENT 1 This is an appeal against the refusal by Strathfield Municipal Council (the council) of a development application (DA0405/264) for the adaptive re-use of existing buildings for use as a primary and secondary school at 416-420 Liverpool Road, Strathfield (the site). The site and its context 2 The site is located on the southern side of Liverpool Road at the corner of Hill Street. It also has a frontage to Hillcrest Avenue with a site area of about 10,000 sq m. 3 The site is occupied by three main buildings: Leigh Hall, Brundah and Vickery Chapel. These buildings front an internal road accessed off Hill Street and exiting onto Liverpool Road. There is a large grassed area at the rear of the buildings and an informal car park area off Hill Street.