Event and Time
Event Description
- Nature of the Event: Appeal against the deemed refusal of a Development Application (DA 2020/0508) for the demolition of a dwelling and alterations/additions to a child care centre located at 12 Waterloo Street, Rozelle.
- Date of Conciliation Conference: 6 November 2020, where an agreement was reached between the parties involved.
Application and Claims
- Parties Involved: The Applicant (proponent of the development) and the Respondent (local council).
- Claims:
- The Applicant sought to demolish the existing dwelling on the site and extend the child care centre, increasing capacity from 74 to 105 children with additional parking spaces. - The Respondent had deemed the development application to be refused prior to the conciliation conference.
Judicial Decisions
- The court ruled to grant development consent as per the agreement reached during the conciliation conference, and the appeal was upheld.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The development is compliant with local zoning and planning regulations, including matters relating to Floor Space Ratio (FSR), heritage conservation, stormwater management, earthworks, and contamination. - The proposed alterations mainly involve internal changes and are unlikely to impact the adjacent heritage-listed item adversely.
- Respondent's Concerns:
- Initially, concerns were raised about the potential impacts on the amenity of surrounding properties and compliance with environmental planning controls. - Objections were raised by local residents during the public notification period.