Morrison Design Partnership Pty Limited v Holroyd City Council [2012] NSWLEC 1282

Land and Environment Court New South Wales

Medium Neutral Citation: Morrison Design Partnership Pty Limited v Holroyd City Council [2012] NSWLEC 1282 Hearing dates: 24 September 2012 Decision date: 25 September 2012 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application DA 2011/532/1 for alterations and additions to an existing rehabilitation facility at 7 Coleman Street South Wentworthville is approved subject to the conditions in Annexure "A". 3. The exhibits are returned with the exception of exhibits 1 and C. Catchwords: DEVELOPMENT APPLICATION: internal alterations and additions to create five additional patient rooms on the ground level and associated staff facilities on basement level of existing rehabilitation facility - insufficient onstreet car parking Legislation Cited: Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 1991 Category: Principal judgment Parties: Morrison Design Partnership Pty Limited (Applicant) Holroyd City Council (Respondent) Representation: Mr P Larkin SC (Applicant) Mr A Seton, solicitor (Respondent) Solicitors Woolf & Associates (Applicant) Marsdens Law Group (Respondent) File Number(s): 10583 of 2012

Judgment 1COMMISSIONER: This is an appeal against a refusal of Development Application 2011/532 by Holroyd City Council that seeks consent for "Refurbishment of existing Westmead Rehabilitation Hospital to allow for new offices, boardroom and five new beds" at 7 Coleman Street, Wentworthville (the site). 2The development application proposes: 1. internal alterations and additions to create five additional patient rooms on the ground level and associated staff facilities on basement level, 2. decommissioning the existing laundry room and converting them to workstations on the basement level, 3. upgrade existing stairwell to be compliant with AS1428 on the basement level, 4. new additional floor area to accommodate five extra bedrooms on the ground level to increase the capacity from sixty beds to sixty-five beds, 5. reconfiguration of existing uses on the ground floor including staff administration facilities, clean/medical utility room, waiting/reception room, ambulance bay and dining room, and 6. The proposed new floor space is 95 sq m that comprises the patient care extension areas and a dining extension on the ground floor. All other proposed works are within the existing floor space of the hospital. 3The principle contested issue relates to the insufficient onsite car parking. The council also raised the absence of a Social Impact Assessment (SIA) although it was not seen as being a reason, by itself, to refuse the application.