The Beresford Childcare Pty Limited v Strathfield Municipal Council [2020] NSWLEC 1391

Land and Environment Court New South Wales

Medium Neutral Citation: The Beresford Childcare Pty Limited v Strathfield Municipal Council [2020] NSWLEC 1391 Hearing dates: 18-19 May 2020 Date of orders: 10 September 2020 Decision date: 25 August 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application DA2018/134 is determined by the grant of consent subject to the conditions in Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits A, B, C, D and 1. Catchwords: DEVELOPMENT APPLICATION – childcare centre – whether acoustic impacts are acceptable Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Protection of the Environment Operations Act 1997 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Strathfield Local Environmental Plan 2012 Cases Cited: Childcare Property Holdings Pty Ltd (ACN 106 784 132) as trustee for the Childcare Property Holdings Trust v Parramatta City Council [2019] NSWLEC 1473 Texts Cited: Child Care Planning Guideline, Department of Planning and Environment, 2017 Guideline for Child Care Centre Acoustic Assessment, Association of Australian Acoustical Consultants, 2013 Land and Environment Court, 'COVID-19 Pandemic Arrangements Policy' Noise Policy for Industry, NSW Environmental Protection Authority, 2017 NSW Road Noise Policy, Department of Conservation, Communities and Water, 2011 Strathfield Consolidated Development Control Plan 2005 Category: Principal judgment Parties: The Beresford Childcare Pty Limited (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)