Assad v Inner West Council [2017] NSWLEC 1362

Land and Environment Court New South Wales

Medium Neutral Citation: Assad v Inner West Council [2017] NSWLEC 1362 Hearing dates: 31 January 2017, 1 February 2017, 9, 10 May 2017 Date of orders: 12 July 2017 Decision date: 12 July 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. DA 2015.179.1 for alterations and additions to an existing heritage listed building for a child care centre including associated car parking and landscaping works at 78 Alt Street, Ashfield is refused. 3. The exhibits are returned with the exception of exhibits 1, 13 and A. Catchwords: DEVELOPMENT APPLICATION: alterations and additions to an existing heritage listed building for a child care centre - unacceptable heritage impacts on the heritage item and adjoining heritage item - inadequate parking - poor access to car park- unacceptable acoustic impacts - inadequate landscaping – resident concerns Legislation Cited: Ashfield Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Mona Assad (Applicant) Inner West Council (Respondent) Representation: Counsel: Mr M Wright, barrister (Applicant) Mr P Jackson, solicitor.(Respondent)

Solicitors: Storey & Gough Lawyers (Applicant) Pikes & Verekers Lawyers.(Respondent) File Number(s): 2016/159294 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA 2015.179.1 for alterations and additions to an existing heritage listed building to create a child care centre for 89 children including associated car parking and landscaping works at 78 Alt Street, Ashfield (the site). 2. Specifically, the proposal involves: * landscaping works; * demolition of the buildings named " the Mews" and "the Cottage"; * car parking for 12 cars including, 1 disabled space; * 69 children for long day care (LDCC) ; * 20 children for out of school hours (OOSH) care; and * 10-12 staff members; and * operating hours between 7:00am and 6:00pm Monday to Friday (except public holidays). 1. The council maintains that the application should be refused for the following reasons: * exceedance of the maximum height standard, * exceedance of the maximum floor space ratio (FSR) standard, * unacceptable heritage impacts on the building on site and adjoining heritage item, * inadequate parking and poor access, * unacceptable acoustic impacts, * unacceptable amenity impacts, * inadequate landscaping, * poor child care centre operational functionality. 1. A number of residents provided evidence on the site inspection and supported the matters raised by the council, in addition to the following matters: * noise, * danger to pedestrians, * driveway would impinge upon the Taringa Street Community Garden, * adverse impacts upon the conservation area; * inadequate geotechnical investigations, * child care facility unnecessary, * hours of operation not acceptable, * negative impact on property prices, * adverse streetscape impacts, * adverse impacts on adjacent properties, * general non-compliance with council's policies, and * overshadowing of adjacent properties from proposed boundary acoustic wall.