Shahatit v Penrith City Council [2013] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Shahatit v Penrith City Council [2013] NSWLEC 1142 Hearing dates: 17-18 July 2013 Decision date: 02 August 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development Application, child care centre, objections to development standards Legislation Cited: Penrith Local Environmental Plan 1998 (Urban Land): State Environmental Planning Policy No. 1 - Development Standards; Environmental Planning and Assessment Act 1979 Cases Cited: Wehbe v Pittwater Council [2007] NSWLEC 827 Texts Cited: Penrith Development Control Plan 2006; AS/NZS2890.1:2004; Disability (Access to Premises - Buildings) Standards 2010 Category: Principal judgment Parties: Peter Shahatit (Applicant)

Penrith City Council (Respondent) Representation: Solicitors Mr J Fan Pikes & Verekers Lawyers (Applicant)

Mr C Drury Sparke Helmore (Respondent) File Number(s): 10016 of 2013

Judgment 1Mr Shahatit lodged Development Application DA12/0420 with Penrith City Council on 25 May 2012 seeking consent to demolish an existing two storey dwelling and construct a new building and use the ground level of that building as a 24 place child care centre and the upper level as a dwelling at 85 Warburton Crescent Werrington County. The application was refused on 20 December 2012 and Mr Shahatit is appealing that decision. 2The issues in the case are whether the departures from the council's planning controls are unreasonable and unnecessary, amenity impacts, streetscape, parking and access and the public interest.