Nehme v Blacktown CC

Land and Environment Court

of New South Wales

CITATION:

Nehme v Blacktown CC [2006] NSWLEC 684

PARTIES:

APPLICANT
Tony Nehme

RESPONDENT
Blacktown City Council

FILE NUMBER(S):

10255 of 2006

CORAM:

Hussey C

KEY ISSUES:

Development Application :- Childcare centre, location in cul-de-sac, road capacity, public interest

LEGISLATION CITED:

Environmental Planning and Assessment Act 1979
Blacktown Local Environmental Plan 1989

CASES CITED:

Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472

DATES OF HEARING:

11/09/2006

 
DATE OF JUDGMENT: 

11/10/2006

LEGAL REPRESENTATIVES:

APPLICANT
Mr P. Clay, barrister
instructed by Mr P. Saab
of Macquarie Lawyers

RESPONDENT
Mr T. O' Connor, solicitor
of Houston, Dearn O'Connor

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hussey

Date: 10 November 2006

10255 of 2006 Tony Nehme v Blacktown City Council

JUDGMENT

Background

1 This appeal was lodged against council's refusal of a development application for a 40 place childcare centre at Gymkhana Place, Glenwood. For the appeal, the outstanding issues can be summarised as follows:

• Capacity of the road system in terms of increased traffic volumes in Gymkhana Place;o

Particulars: AMCORD establishes a capacity of 300 vehicle trips per day for cul-de-sac streets. As a result of the proposed development the total daily volume of Gymkhana Place will be in the order of 361 equal trips.

• Suitability of the site for the development due to it:

  a) being located within a narrow cul-de-sac;

  b) having poor access to public transport routes and collector road; and

  c) not complying with AMCORD requirements.

• Public interest considerations.

2 In order to assess these issues, the parties agreed to Mr G Pindar being the Court appointed expert for traffic matters. In addition to this, Mr C. Hallam (traffic consultant) prepared a report on behalf of the applicant. Consequently, there was a conference between these experts resulting in the joint traffic report (Exhibit 3)

3 The associated planning issues were dealt with by Mr L Fletcher (consulting town planner) and Mr G Apps (council’s senior statutory planner).

4 A considerable number of objections were lodged and these generally related to unsuitability of the cul-de-sac for the proposal in terms of character of the area, excessive traffic and safety.

The site

5 The subject site is known as 8 Gymkhana Place, Glenwood, and it is described as Lot 448 in DP 1008756. It has a road frontage of 25.38 m and total area of 967 sq m and is situated within a cul-de-sac. The site is currently vacant.

6 The surrounding area is comprised predominantly of detached dwellings of recent construction that are mainly 2-storey in height.

The proposal

7 The proposal is for a 40 place childcare centre, which caters for the following age-groups:

• 0 - 2 years, 10 children;
• 2 - 3 years, 15 children;
• 3 - 5 years, 15 children.

8 It is proposed to operate the childcare centre Monday – Friday, 7 a.m. - 5 p.m.

9 The development is for a 2-storey building, with the ground floor component containing all operational areas of…