Lammas Investments Pty Limited v Auburn Council [2007] NSWLEC 82

Land and Environment Court of New South Wales

CITATION : Lammas Investments Pty Limited v Auburn Council [2007] NSWLEC 82

APPLICANT Lammas Investments Pty Limited PARTIES : RESPONDENT Auburn Council

FILE NUMBER(S) : 10876 of 2006

CORAM: Moore C

KEY ISSUES: Development Application :-

DATES OF HEARING: 8 February 2007

EX TEMPORE JUDGMENT DATE : 8 February 2007

APPLICANT Mr A Galasso SC INSTRUCTEDF BY LEGAL REPRESENTATIVES: Andresakis and Associates

RESPONDENT Mr D Baird, solicitor Maddocks Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Moore C

8 February 2007

10876 of 2006 Lammas Investments Pty Limited v Auburn Council This decision was given as an extemporaneous decision. It has been revised and edited prior to publication.

The consequence of the Court's decision in this appeal is the grant of development consent subject to detailed conditions. These conditions are not reproduced as part of this decision but are available for inspection at the Council. In addition, a copy the Court's Orders and the conditions may be obtained from the Court's registry upon payment of a fee. Details of the fee payable and process for obtaining a copy of the Orders and conditions are available on the Court's web site at http://www.lawlink.nsw.gov.au/lec/

JUDGMENT 1 COMMISSIONER: This is an appeal pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Auburn Council (the Council) on 3 May 2006 of Development Application 170/2005 for the demolition of two existing dwellings at 38 and 40 Regent Street, Regents Park (the site) and to construct in their place a single-storey childcare centre to accommodate 39 children. There is proposed to be at grade car parking, landscaping and drainage works conducted on the site. 2 As part of the applicant's application process to the Council, a variety of reports were provided including a report from Day Design Pty Limited dealing with acoustic issues (the Day Design report) and by Planning Project Associates, a then extant traffic consultancy. 3 The Day Design report dealt with acoustic issues, particularly the question of noise impacts at a property immediately to the west, being a property known as 1 Michel Court.