NSW Caselaw
Land and Environment Court of New South Wales
CITATION : BSDI Pty Ltd Hunters Hill Childcare Trust v Hunters Hill Council [2008] NSWLEC 1470
APPLICANT BSDI Pty Ltd Hunters Hill Childcare Trust PARTIES : RESPONDENT Hunters Hill Council
FILE NUMBER(S) : 10632 of 2008
CORAM: Hussey C
KEY ISSUES: Development Application :- Demolition of dwellings in conservation area, construction of childcare centre, impact on conservation area, overdevelopment of site, noise/odour/privacy amenity impacts.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hunters Hill LEP No 1 Hunters Hill DCP No 26 - Child Care Centres
CASES CITED: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399
DATES OF HEARING: 16, 17, 29 , 30 October 2008
DATE OF JUDGMENT: 21 November 2008
APPLICANT Mr A. Galasso, SC Ms S. Duggan, barrister Instructed by Mr A Whealy LEGAL REPRESENTATIVES: of Gadens Lawyers
RESPONDENT Mr J. Cole, solicitor of HWL Ebsworth Lawyers
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hussey C
21 November 2008
10632 of 2008 BSDI Pty Ltd Hunters Hill Childcare Trust v Hunters Hill Council JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for the demolition of 2 dwellings and construction and operation of a 90 place childcare centre situated at 5 & 7 Church Street, Hunters Hill.
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