NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Thadanabath v Baulkham Hills Shire Council [2008] NSWLEC 1191
APPLICANT Kevin Thadanabath PARTIES : RESPONDENT Baulkham Hills Shire Council
FILE NUMBER(S) : 11015 of 2007
CORAM: Tuor C
KEY ISSUES: Development Application :- Demolish existing house and tennis court and construct a 66 space child care centre and car parking area, whether adequate setback and landscaping to achieve compatibility with residential area and streetscape.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005
CASES CITED: Architectural Property Services v Rockdale City Council (1999) NSW LEC Project Venture Developments v Pittwater Council [2005] NSW LEC 191
DATES OF HEARING: 18 and 19 /03/2008
EX TEMPORE JUDGMENT DATE : 20 March 2008
APPLICANT Mr N. Eastman, barrister Instructed by Ms K. King of Gadens LEGAL REPRESENTATIVES:
RESPONDENT Mr M. Fraser, barrister Instructed by Mr C. Winn of Baulkham Hills Shire Council
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Tuor C
20 March 2008
11015 of 2007 Kevin Thadanabath v Baulkham Hills Shire Council
JUDGMENT 1 This is an appeal against the refusal by Baulkham Hills Shire Council (council) of a development application to demolish an existing house and tennis court and construct a 66 space child care centre with parking for 20 cars at 30 - 32 Brisbane Street, Castle Hill (the site).
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