Thadanabath v Baulkham Hills Shire Council (1) [2008] NSWLEC 1292 (23 April 2008)

Last Updated: 14 August 2008

NEW SOUTH WALES LAND AND ENVIRONMENT COURT

CITATION:
Thadanabath v Baulkham Hills Shire Council (1) [2008] NSWLEC 1292


PARTIES:
APPLICANT
Kevin Thadanabath

RESPONDENT
Baulkham Hills Shire Council


FILE NUMBER(S):
11015 of 2007


CATCHWORDS:
Development Application :- Demolish existing house and tennis court and construct a 66 space child care centre and car parking area.
Amended plans
Compliance with Directions
Suitability of proposed tree planting


LEGISLATION CITED:




CORAM:
Tuor C

DATES OF HEARING:
Submissions 10 and 11/04/2008

JUDGMENT DATE:
23 April 2008


LEGAL REPRESENTATIVES

APPLICANT
Ms K King, solicitor
of Gadens Lawyers

RESPONDENT
Mr C Winn, solicitor
of Baulkham Hills Shire Council



JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES


Tuor C


23 April 2008


11015 of 2007(1) Kevin Thadanabath v Baulkham Hills Shire Council


JUDGMENT

1 On 20 March 2008, I handed down a preliminary judgment on this appeal and made the following Directions:

1. By 28 March 2008, the Applicant is to serve amended plans (including car park plan, architectural plans and landscape plan) incorporating the following changes:
The deletion of four car spaces along Brisbane Road (spaces 1, 7, 14 and 15 on Ex O) and replacement with dense landscaping
Car park design that complies with the AS/NZS 2890.1:2004 (minimise aisle and car space width to maximise landscaping)
Continuous footpath along east boundary to reception and resultant changes to building (as shown on Ex O)
Fence heights
2. By 4 April 2008, the Respondent is to serve any comments on plans and amended conditions.
3. By 9 April 2008 plans and conditions to be filed together with short statement on any matters not agreed.

Final Orders will be issued in Chambers

2 On 10 April 2008, the council filed a Statement of Matters not Agreed. On 11 April 2008, the Applicant filed amended plans, revised conditions and its submission on the remaining disagreement.

3 The matter, which remained in disagreement between the parties, was the appropriate landscaping to be provided in the “L-shaped” landscaping strip in the car park.

4 The applicant proposed Banksia integrifolia with a ground cover of Lomandra longifolia. Council considered the Banksia integrifolia to be unsuitable due to its spread, likely encroachment on car spaces and its unsuitability for hedging. Council submited that low level grasses should be provided.

5 The applicant’s landscape architect stated that the Banksia integrifolia would provide upper level screening across the car park and shading while allowing clear sight lines for safety and circulation.

Findings
6 I accept the applicant’s submission. The canopy of the Banksia integrifolia trees will provide upper level screening of the extent of the car park and the front of the childcare building. Lower level grasses proposed by council would not provide such screening. There are only two Banksia integrifolia trees proposed in the “L-shaped” landscape strip and I do not consider that the spread of the canopy of these trees will encroach on the car spaces to the extent that would render them unsuitable.

7 The amended plans and conditions satisfy the Directions and final orders can be issued.

Orders

1. The appeal is upheld.

2. The development application to demolish an existing house and tennis court and construct a 66 space childcare centre with parking for 16 cars at 30-32 Brisbane Street, Castle Hill is approved subject to the conditions in Annexure “A”.

3. The exhibits, except Exhibits D, F, G and N may be returned.

___________________
Annelise Tuor
Commissioner of the Court
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