Guo v Parramatta City Council [2020] NSWLEC 1311

Land and Environment Court New South Wales

Medium Neutral Citation: Guo v Parramatta City Council [2020] NSWLEC 1311 Hearing dates: 18-19 and 22 June 2020 Date of orders: 21 July 2020 Decision date: 21 July 2020 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the application and rely upon those amendments contained in, and arising from, the Exhibit S sketch subject to the Applicant paying the Respondent's costs thrown away as a result of the amendment as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted for Development Application No. DA/745/2018 for site consolidation, demolition works, tree removal and construction of a 53 place child care centre with basement car parking at 21-23 Norfolk Road, Epping, subject to conditions of consent in Annexure 'A'. (4) All Exhibits are returned except for Exhibits R, S, T and W. Catchwords: DEVELOPMENT APPLICATION – Centre-based child care in R2 Low Density Residential zone – East Epping Heritage Conservation Area – flood planning – consideration of public submissions Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Cachia v Manly Council (No 2) [2009] NSWLEC 1107 Coshott v Woollahra Council [1996] NSW LEC 256 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153 New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Hornsby Development Control Plan 2013 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' NSW Child Care Planning Guideline 2017 NSW Environment Protection Authority, Noise Policy for Industrial Category: Principal judgment Parties: Ya Xin Anna Guo (Applicant) Parramatta City Council (Respondent) Representation: Counsel: A Hemmings (Applicant) A Seton (Solicitor) (Respondent)