Nine Fruits Pty Ltd v Rockdale City Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Nine Fruits Pty Ltd v Rockdale City Council [2016] NSWLEC 1316 Hearing dates:07 July 2016Date of orders: 10 August 2016 Decision date: 03 August 2016 Jurisdiction:Class 1Before: Brown C Decision: Directions for amended conditions – see par 63 Catchwords: DEVELOPMENT APPLICATION: - alterations and additions to an existing residential dwelling and change of use to a child care centre - safety impacts - traffic and parking impacts - amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Rockdale Local Environmental Plan 2011 Category:Principal judgmentParties: Nine Fruits Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Counsel: Mr C Gough, solicitor Ms J McKelvey, barrister   Solicitors: Storey & Gough Lawyers Henry Davis York File Number(s):2016/00150589Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of DA-2015/259 for alterations and additions to an existing residential dwelling and change of use to a child care centre at 16 Segenhoe Street, Arncliffe (the site). The child care centre is proposed to cater for 50 children and nine staff operating from 7:00am to 7:00pm Monday to Friday (except public holidays). The child care centre will also employ one cleaner and one kitchen staff, however these staff will be employed for 2-3 hours on two days of the week, and the cleaner will attend the site after the centre is closed. The proposal includes a total of nine off-street parking spaces. This includes two stacked staff parking spaces and one disabled parking space off...