Giles Tribe v Willoughby City Council [2009] NSWLEC 1210

Land and Environment Court of New South Wales

CITATION : Giles Tribe v Willoughby City Council [2009] NSWLEC 1210

APPLICANT Giles Tribe Pty Limited t/a Giles Tribe Architects PARTIES : RESPONDENT Willoughby City Council

FILE NUMBER(S) : 11268 of 2008

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- the use of an existing industrial building for a car repair station - compliance with Plan of Management - amenity impacts

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Willoughby Local Environmental Plan 1985

CASES CITED: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Jonah Pty Limited v Pittwater Council [2006] NSW LEC 99

DATES OF HEARING: 1, 2 June 2009, written submissions 15 June 2009

DATE OF JUDGMENT: 25 June 2009

APPLICANT Mr M Staunton, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms H Irish, barrister SOLICITORS Mallesons Stephen Jaques

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

25 June 2009

11268 of 2008 Giles Tribe Pty Limited t/a Giles Tribe Architects v Willoughby City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal of DA2008/702 by Willoughby City Council (the council) for the use of an existing industrial building for a car repair station at 12 Barcoo Street, Roseville (the site). The proposal 2 The premises are to be used by McCarrolls Motors for the servicing of Hyundai, Alpha, Fiat and Citroen vehicles from their showroom in Artarmon. The premises will be used in conjunction with the adjoining Lexus service centre. The Lexus service centre is immediately to the south of the subject building and shares the same driveway as the proposed car repair station. The driveway consists of a right of carriageway over two separate lots with reciprocal rights of way.