Wang v Willoughby Council [2016] NSWLEC 1470

Land and Environment Court New South Wales

Medium Neutral Citation: Wang v Willoughby Council [2016] NSWLEC 1470 Hearing dates: 21-23 September 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: child care centre Legislation Cited: Willoughby Local Environmental Plan 2012; State Environmental Planning Policy No 55 - Remediation of Land Texts Cited: Willoughby Development Control Plan Category: Principal judgment Parties: Nan Wang (Applicant)

Willoughby Council (Respondent) Representation: Counsel: Mr A Pickles SC (Applicant)

Solicitors: Mr G Christmas Apex Planning & Environmental Law (Applicant)

Ms K Gerathy HSWL Ebsworth Lawyers (Respondent) File Number(s): 151729/2016

Judgment 1. Mr Wang lodged DA No. 2015/149 with Willoughby City Council on 1 May 2015 seeking consent to construct a two level child-care centre accommodating 43 children including on-site parking and reliance on street parking. The Council refused consent on 9 November 2016 and Mr Wang is appealing that refusal. 2. The contentions in the case relate to traffic and safety, evacuation, car parking design, landscaping and trees, stormwater management, site and building design and the public interest.

The site and its context 1. The site comprises two adjoining allotment, lot 11 and lot 12 in DP 1184413 and has its primary frontage to Ashley Street, western frontage to Gibson Avenue and rear, northern frontage to Quinn Lane. The total area of the site is 1108.8 m², it is currently vacant and relatively level with a fall of approximately 1.5m from the Ashley Street frontage towards Quinn Lane. 2. The Gibson Avenue frontage of the site is directly opposite the North Shore railway line with a road bridge crossing the railway line to connect Ashley Street with the Pacific highway. An acoustic wall is erected along the western side of Gibson Avenue. 3. Adjoining and surrounding development to be site generally comprise single story detached dwellings with rear lane vehicular access. The site is approximately 800 m walking distance from Chatswood railway station.