NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Smith v Sutherland Shire Council [2008] NSWLEC 92
APPLICANT Sarah Smith PARTIES : RESPONDENT Sutherland Shire Council
FILE NUMBER(S) : 11182 of 2007
CORAM: Tuor C
KEY ISSUES: Development Application :- Alterations and additions to a house for use as a child care centre. Adequacy of parking, traffic and noise impacts.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sutherland Shire Local Environmental Plan 2000 Sutherland Shire Local Environmental Plan 2006
DATES OF HEARING: 22/02/2008
EX TEMPORE JUDGMENT DATE : 22 February 2008
APPLICANT Mr B O'Dowd, town planner LEGAL REPRESENTATIVES: RESPONDENT Ms J. Amy, solicitor of Sutherland Shire Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
22 February 2008
11182 of 2007 Sarah Smith v Sutherland Shire Council
JUDGMENT 1 This is an appeal against the refusal by Sutherland Shire Council (the council) of a development application for alterations and additions to an existing house for use as a 20 place childcare centre with four parking spaces at 219 Gymea Bay Road, Gymea Bay (the site).
2 The site, its context, the history of the application and the planning controls are in the Amended Statement of Facts and Contentions.
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