Futuristic Design Pty Ltd v Georges River Council [2020] NSWLEC 1602

Land and Environment Court New South Wales

Medium Neutral Citation: Futuristic Design Pty Ltd v Georges River Council [2020] NSWLEC 1602 Hearing dates: Conciliation conference on 23 November 2020 Date of orders: 3 December 2020 Decision date: 03 December 2020 Jurisdiction: Class 1 Before: Smithson AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA2017/0487 for the demolition of existing structures and the construction of a child care centre to accommodate forty seven (47) children with basement car parking at 301 Kingsgrove Road, Kingsgrove, is approved subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPLICATION – child care centre – vehicular and pedestrian safety – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Greater Metropolitan Regional Plan No 2 – Georges River Catchment Hurstville Local Environmental Plan 2012 Land and Environment Court Act 1979 Roads Act 1993 Road Transport (Safety and Traffic Management) Act 1999 Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999 State Environmental Planning Policy (Educational Establishments and Child Care) 2017 State Environmental Planning Policy No 55—Remediation of Land Transport Administration Act 1988 Texts Cited: Child Care Planning Guidelines Hurstville Development Control Plan 1 Category: Principal judgment Parties: Futuristic Design Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) J Cole (Solicitor) (Respondent)