Nada v Hurstville City Council [2015] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: Nada v Hurstville City Council [2015] NSWLEC 1300 Hearing dates: 4-5 June and 6 July, 2015 Decision date: 28 July 2015 Jurisdiction: Class 1 Before: O'Neill C Decision: Refer to paragraphs 75-76 Catchwords: DEVELOPMENT APPLICATION: childcare centre for 37 children; appearance and colour scheme; acoustic impacts; number of car parking spaces and impact of traffic on the local area; adequacy of landscaping and outdoor play areas; stormwater disposal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Emad and Eva Nada (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr S. Kondilios solicitor (Applicant) Dr S. Berveling barrister (Respondent) Solicitors: Hall & Wilcox Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 11040 of 2014

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2014/0928 for the demolition of existing structures and the construction of a childcare centre for 37 children and 7 staff, with 8 car parking spaces (the proposal), at 45 Ogilvy Street, Peakhurst (the site), by Hurstville City Council (the Council). 2. The appeal was subject to mandatory conciliation on 19 February, 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 24 March, 2015, pursuant to s 34(4) of the LEC Act.