Brenham Pty Limited v North Sydney Council

Land and Environment Court New South Wales Medium Neutral Citation: Brenham Pty Limited v North Sydney Council [2016] NSWLEC 1343 Hearing dates:11-13 and 18 May, 2016Date of orders: 16 August 2016 Decision date: 16 August 2016 Jurisdiction:Class 1Before: O’Neill C Decision: 1. The appeal is upheld.2. Development Application No. 382/2014 for alterations and additions to an existing premises and use as a childcare centre for 62 children with hours of operation 7.30am to 6pm Monday to Friday at 3 Amherst Street, Cammeray is approved, subject to the conditions of consent at Annexure ‘A’.3. The exhibits, other than exhibits 1, 13 and A, are returned. Catchwords: DEVELOPMENT APPLICATION: childcare centre, impact on the heritage significance of the State listed heritage item, whether there is adequate parking available for parents in the vicinity of the site; compliance with the Building Code of Australia. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Category:Principal judgmentParties: Brenham Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: Mr I. Hemmings SC (Applicant) Mr A. Galasso SC (Respondent) Solicitors: Hones Lawyers (Applicant) North Sydney Council (Respondent) File Number(s):2016/166728 (formerly 10308 of 2015)Judgment 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. 382/2014 for alterations and additions to an existing premises and use as a childcare centre for...