Donnelly Road Partnership v Willoughby Council [2012] NSWLEC 1239

Land and Environment Court New South Wales

Medium Neutral Citation: Donnelly Road Partnership v Willoughby Council [2012] NSWLEC 1239 Hearing dates: 16-17 August 2012 Decision date: 28 August 2012 Jurisdiction: Class 1 Before: Morris C Decision: To allow the making of final Orders, the parties are directed to file agreed conditions, in electronic format, that reflect my findings by 4pm Friday 31 August 2012. Final Orders will be made in Chambers. Catchwords: Development Application: Child care centre, traffic, parking, amenity impacts, noise Legislation Cited: Willoughby Local Environmental Plan 1995; State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Mike George Planning Pty Ltd v Willoughby Council [2007] NSWLEC 583; Keenwill Pty Limited v Willoughby City Council [2008] NSWLEC 1520; Keenwill Pty Limited v Willoughby Council [2010] NSWLEC 1028; Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Willoughby Development Control Plan; Development near Rail Corridors and Busy Roads - Interim Guideline; NSW Road Noise Policy Category: Principal judgment Parties: Donnelly Road Partnership (Applicant)

Willoughby Council (Respondent) Representation: Counsel Mr M Staunton (Applicant)

Ms H Irish (Respondent) Solicitors Mr T Sattler, Sattler & Associates (Applicant)

Ms K Dean, King & Wood Mallesons (Respondent) File Number(s): 11128 of 2011

Judgment 1Donnelly Road Partnership (DRP) sought development consent from Willoughby Council to carry out alterations and additions to an existing dwelling house and use the resultant building and land at Nos. 7 and 9 Donnelly Road, Naremburn as a 72 place child care centre with associated manager's residence. The council refused consent and DRP is appealing the decision. 2There is one contention in the case and that is whether the site is suitable and the design adequate. The council has listed particulars relating to noise, access, traffic, evacuation, scale, landscaping and overshadowing of play spaces and maintains the development is contrary to its planning controls.