Montessori Academy Proprietary Limited v Strathfield Council [2011] NSWLEC 1299

Land and Environment Court New South Wales

Medium Neutral Citation: Montessori Academy Proprietary Limited v Strathfield Council [2011] NSWLEC 1299 Hearing dates: 10 August 2011 Decision date: 10 August 2011 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA2010/183 for alterations, conditions, associated landscaping to the existing dwelling situated at 110 Homebush Road, Strathfield, to permit its use as a childcare centre subject to the conditions in annexure A. (3)The exhibits may be returned, except - that is to be advised. Catchwords: Development application; Childcare Centre, use of heritage dwelling, acoustic impacts, traffic/parking, public interest. Legislation Cited: Strathfield Planning Scheme Ordinance 1969 Strathfield Local Environmental Plan 2008 Category: Principal judgment Parties: Montessori Academy Pty Ltd (Applicant)

Strathfield Council (Respondent) Representation: Mr D Loether (Applicant)

Mr S Patterson (Respondent) Bartier Perry (Applicant)

Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10389 of 2011

Judgment 1This appeal was lodged against council's refusal of the development application for the change in use of an existing dwelling located at 110 Homebush Road, Strathfield, to a childcare centre for twentyeight children. 2The existing dwelling is a listed heritage item and the proposal involves some demolition of external additions and some internal reconfiguration of rooms. Consequently, the contentions identified by council are summarised as follows: * Amenity impacts; in terms of potential noise impacts on neighbouring properties and change in character in Woodward Avenue. * Heritage impacts; concerning the proposed use, detracting from the heritage significance and significant character of the existing dwelling, whereby the continuation of original residential use is preferred. * Traffic and parking; in terms of the provision of adequate on-site parking and the efficiency and safety of access to the parking area. * Public interest matters raised by neighbours/objectors.