Multiplex Developments (Australia) Pty Ltd v Pittwater Council [2006] NSWLEC 421

Multiplex Developments (Australia) Pty Ltd v Pittwater Council [2006] NSWLEC 421

The Court found that the proposed development of a childcare centre, including covering part of the right of way with structural columns, would not unreasonably interfere with the hotel bottle shop's access or proprietorial rights, and the loss of three car parking spaces was insignificant within the overall provision. The traffic impacts were found to be satisfactory and not warranting refusal. The proposal satisfies relevant planning instruments and is permitted with consent.

Parties
Applicant: Multiplex Developments (Australia) Pty Limited; Respondent: Pittwater Council
Jurisdiction
Australia
Judgment Date
07 June 2006
Procedural Posture
Appeal Under S 97 Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment Following Hearing
Outcome
Appeal upheld; development application granted with conditions.
Legal Topics
Development Application, Childcare Centre, Commercial Building Use, Streetscape, Carparking, Noise, Right of Way, Traffic Impact
Planning and Environment Development Application Childcare Centre Commercial Building Use Streetscape Carparking Noise Right of Way +1 more

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Parties

Multiplex Developments (Australia) Pty Limited

Applicant

Pittwater Council

Respondent

Procedural Posture

Appeal Under S 97 Environmental Planning and Assessment Act 1979 / Ex Tempore Judgment Following Hearing

Legal Issues

  1. 1 Whether proposed childcare centre use is permissible under zoning and LEP
  2. 2 Impact of proposed structural columns and play area on right of way and bottle shop access
  3. 3 Loss of car parking spaces and adequacy of parking provision

Ratio Decidendi

The Court found that the proposed development of a childcare centre, including covering part of the right of way with structural columns, would not unreasonably interfere with the hotel bottle shop's access or proprietorial rights, and the loss of three car parking spaces was insignificant within the overall provision. The traffic impacts were found to be satisfactory and not warranting refusal. The proposal satisfies relevant planning instruments and is permitted with consent.

Court Disposition

Appeal upheld; development application granted with conditions.

Orders

  • The appeal in respect of 10 Park Street, Mona Vale is upheld.
  • Development application for childcare centre determined by granting of consent, subject to conditions contained in Annexure 'A'.