Wang v Willoughby Council [2016] NSWLEC 1470

Wang v Willoughby Council [2016] NSWLEC 1470

The appeal was dismissed because the proposed child-care centre would generate significant additional peak traffic through the Ashley Street/Gibson Avenue intersection, whose sight lines were common ground to be substandard and substantially below relevant standards. The proposed convex mirror would at best marginally improve, but not solve, the dangerous intersection conditions and was not a satisfactory long-term solution, while no evidence showed any long-term sight-distance solution. Because users of the centre and delivery drivers would have to use that intersection, the traffic impacts were unacceptable and not capable of being solved by amendment; the site was therefore not...

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Class 1 Development Application Appeal / Final Hearing of Appeal Against Refusal of Development Application No. 2015/149 After Mandatory Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated
Outcome
Appeal dismissed; development consent refused
Legal Topics
['child Care Centre Development Application' 'low Density Residential Zoning' 'north Chatswood Conservation Area' 'tree Preservation and Landscaping' 'state Environmental Planning Policy No 55 Remediation of Land' 'road Safety and Sight Distance' 'stormwater Management' 'public Interest Objections']
['planning and Environment' 'development Consent' 'heritage Conservation' 'traffic and Road Safety' 'contaminated Land'] ['child Care Centre Development Application' 'low Density Residential Zoning' 'north Chatswood Conservation Area' 'tree Preservation and Landscaping' 'state Environmental Planning Policy No 55 Remediation of Land' 'road Safety and Sight Distance' 'stormwater Management' 'public Interest Objections']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Hearing of Appeal Against Refusal of Development Application No. 2015/149 After Mandatory Conciliation Under S 34 of the Land and Environment Court Act 1979 Was Terminated

Legal Issues

  1. 1 ['Whether the proposed development would adversely affect the local road network, particularly the safe and efficient operation of the intersection at Gibson Avenue and Ashley Street and of Quinn Lane and Gibson Avenue' 'Whether a safe evacuation route was provided from the centre' 'Whether the design and layout of the proposed car parking spaces along Gibson Avenue were acceptable' 'Whether the development provided sufficient soft landscaped area and would adversely affect the landscaped character and amenity of the locality' 'Whether adequate information demonstrated acceptable stormwater management' 'Whether adequate facilities and a suitable layout were provided to support the operation of a child-care centre' 'Whether contamination and remediation issues meant the site was suitable for the proposed child care use' 'Whether the application was in the public interest having regard to objections received']

Ratio Decidendi

The appeal was dismissed because the proposed child-care centre would generate significant additional peak traffic through the Ashley Street/Gibson Avenue intersection, whose sight lines were common ground to be substandard and substantially below relevant standards. The proposed convex mirror would at best marginally improve, but not solve, the dangerous intersection conditions and was not a satisfactory long-term solution, while no evidence showed any long-term sight-distance solution. Because users of the centre and delivery drivers would have to use that intersection, the traffic impacts were unacceptable and not capable of being solved by amendment; the site was therefore not...

Court Disposition

Appeal dismissed; development consent refused

Orders

  • ['The appeal is dismissed.' 'Development Application No. 2015/149 which proposes site remediation; tree removal; construction of a two level building to be used as a child care centre for 29 children; at grade parking for 4 vehicles including one accessible space at the northern end of the site and road widening...