Eskander v Parramatta City Council [2008] NSWLEC 1411

Eskander v Parramatta City Council [2008] NSWLEC 1411

Reliance on on-street parking to accommodate additional demand arising from the increase in children is not safe or convenient, given the width and conditions of Crossland Street, and does not comply with planning controls or adequately address the amenity of local residents; therefore, the application to modify the development consent must be refused.

Jurisdiction
Australia
Judgment Date
30 September 2008
Procedural Posture
Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
['development Consent Modification' 'child Care Centre Parking Requirements']
['planning Law'] ['development Consent Modification' 'child Care Centre Parking Requirements']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether safe and convenient on street parking is available to meet the needs of the development' 'Whether the modification to increase the number of children complies with relevant planning controls']

Ratio Decidendi

Reliance on on-street parking to accommodate additional demand arising from the increase in children is not safe or convenient, given the width and conditions of Crossland Street, and does not comply with planning controls or adequately address the amenity of local residents; therefore, the application to modify the development consent must be refused.

Court Disposition

appeal dismissed

Orders

  • ['The appeal is dismissed.' 'The application under s 96 of the Environmental Planning and Assessment Act 1979 to increase the number of children from 53 to 69 at the child care centre at 23 Crossland Street, Merrylands is refused.' 'The exhibits, except Exhibit 1, may be returned.']