FGNR Pty Ltd v City of Canada Bay Council [2013] NSWLEC 1189

Land and Environment Court New South Wales

Medium Neutral Citation: FGNR Pty Ltd v City of Canada Bay Council [2013] NSWLEC 1189 Hearing dates: 30 & 31 July 2013 Decision date: 30 August 2013 Jurisdiction: Class 1 Before: Tuor C Decision: See paragraphs 50 and 51 Catchwords: DEVELOPMENT APPLICATION - Child care centre. Impact and compatibility with the residential area through parking, traffic and landscaping. Legislation Cited: Canada Bay Local Environmental Plan 2008 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: FGNR Pty Ltd (Applicant)

City of Canada Bay Council (Respondent) Representation: Solicitors Mr J Cole of HWL Ebsworth Lawyers (Applicant)

Mr P Jackson of Pikes & Verekers Lawyers (Respondent) File Number(s): 10216 of 2013

Judgment 1This is an appeal against the deemed refusal of a development application (431/2012) under the Environmental Planning and Assessment Act 1979 (EPA Act) for alterations and additions to an existing factory building and change of use to a childcare centre at 86 Nirranda Street and 61-63 Mepunga Street Concord (site). 2The key issues in dispute between the parties are whether the proposal is compatible with the area and has an acceptable impact on residential amenity. In particular, whether adequate landscaping and parking are provided.

The site and locality 3The site comprises Lot B DP 361656 and Lots 77 and 78 Section B DP 11996. It has a frontage to Nirranda Street of 23.495m and a secondary frontage to Mepunga Street of 29.815m. It is rectangular in shape with an area of 2222 sq m. A single storey factory/warehouse building is located on the site, setback about 5m from Nirranda Street and 24m from Mepunga Street. A hardstand parking area is provided in the Mepunga Street frontage. 4To the west, the site adjoins a two storey dwelling (65 Mepunga Street) and a single storey dwelling (88 Nirranda Street). To the east, it adjoins two single storey dwellings (59 Mepunga Street and 84 Nirranda Street). The predominant development in the locality is one and two storey detached dwellings. A KFC outlet is on the opposite corner of Nirranda Street and Concord Road, at the southern end of a neighbourhood centre.