NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Saurty, Dewandra and Gootee v Blacktown City Council [2008] NSWLEC 1474
APPLICANT Saurty, Dewandra and Gootee PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10902 of 2008
CORAM: Hoffman C
KEY ISSUES: :- to use an existing house as professional consulting rooms with ancillary carparking, traffic and parking congestion, impact on residential amenity, proximity to another health care use, traffic safety.
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Blacktown Local Environmental Plan 1988 Blacktown Development Control Plan 2006
DATES OF HEARING: 07/11/2008
DATE OF JUDGMENT: 24 November 2008
APPLICANT Mr Wright, barrister Instructed by Hills Legal LEGAL REPRESENTATIVES:
RESPONDENT Mr C. Drury, solicitor of DLA Phillips Fox
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
24 November 2008
10902 of 2008 Saurty, Dewandra and Gootee v Blacktown City Council JUDGMENT 1 Commissioner: This is a Class 1 appeal against the refusal of a development application to use an existing house as professional consulting rooms with ancillary carparking at No. 340-342 Glenwood Park Drive, Glenwood. The practice is already operating in the house and the adjoining lot is used as a carpark for the patients and staff. The Proposal
2 Development Application No. 07-1915 (the subject application) has been lodged with Blacktown City Council proposing the use of a 2 storey dwelling on No. 342 Glenwood Park Drive as a Professional Consulting Room comprising 3 consulting rooms, waiting room and reception on the ground floor. The upper floor is proposed for use as a residence. It is proposed to use No. 340 Glenwood Park Drive as a carpark for the Professional Consulting Room. The carpark has 9 carspaces including one disable space. There is a 10 th space for ambulance/loading bay. The double garage in the house is for staff and resident. The hours of operation proposed in the Statement of Environmental Effects by CAM Consulting are 9am-6pm Monday to Friday and 9am-1pm Saturdays and not open on Sundays (and presumably not on public holidays).
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