NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Design 23 v Woollahra Municipal Council [2009] NSWLEC 1114
APPLICANT Design 23 Pty Limited PARTIES : RESPONDENT Woollahra Municipal Council
FILE NUMBER(S) : 11233 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- alterations and additions to an existing dwelling for a 36 place child-care centre - car parking - noise
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995
DATES OF HEARING: 19,20/03/09
DATE OF JUDGMENT: 21 April 2009
APPLICANT Mr M Wright, barrister
LEGAL REPRESENTATIVES: RESPONDENT Mr P Rigg, solicitor SOLICITORS Deacons
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
21 April 2009
11233 of 2008 Design 23 Pty Limited v Woollahra Municipal Council
JUDGMENT 1 COMISSIONER: This is an appeal against the refusal by Woollahra Municipal Council (the council) of Development Application 178/2008/1 for alterations and additions to an existing dwelling for a 36 place child-care centre at 61 Manning Road, Double Bay (the site).
2 The issues raised by the council relate to unacceptable noise impacts on adjoining residential property and the unacceptable traffic impacts on Manning Road. The site 3 The site is irregular in shape with a north eastern frontage to Manning Road of 30.3 m, a north western (side) boundary of 23.125 m, a southern (side) boundary of 31.775 m and a south eastern (rear) boundary of 17.15 giving an overall site area of 611.2 sq m.
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