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Land and Environment Court Refuses Development Application for Child Care Centre in a Heritage Item at Ashfield

Peter Jackson, one of our Partners, was recent successful on behalf of Inner West Council in arguing that an appeal should be dismissed against Council’s refusal of a development application for a child care centre for 89 children including associated car parking and landscaping at 78 Alt Street, Ashfield.

The site is an existing 3 storey building being a former mansion residence known as “Amesbury”.

The site is zoned R2 Low Density Residential and a child care centre is permissible within the zone.

Council argued and the Commissioner agreed that the impacts on the heritage significance of the heritage item were unacceptable, and further that the parking was inadequate for the number of children proposed and the traffic and access arrangements were unacceptable.

Accordingly, the appeal was dismissed.

Link to judgment