Ekon Pty Ltd v Hornsby Council [2020] NSWLEC 1623

Land and Environment Court New South Wales

Medium Neutral Citation: Ekon Pty Ltd v Hornsby Council [2020] NSWLEC 1623 Hearing dates: 17, 18 November 2020 Date of orders: 09 December 2020 and amended on 24 December 2020 Decision date: 09 December 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is allowed. (2) Development application DA 1111/2017 for the demolition of existing structures and construction of a 52 place child care centre at Lot A in Deposited Plan 411012 known as 53-55 Oakleigh Avenue, Thornleigh is approved subject to the conditions annexed and marked A. (3) The exhibits other than Exhibits A, 1 and 2 be returned. (4) The Applicant shall pay the Council's costs thrown away as a consequence of the amendment of the development application granted on 18 November 2020 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPPLICATION – childcare centre – character of the area – sufficiency of outdoor play area – impact on large tree – insufficient detail – resident concerns including traffic and parking Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Hornsby Local Environmental Plan 2013 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Sydney Regional Environmental Plan No 22—Hawkesbury-Nepean River (No 2—1997) Cases Cited: Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Texts Cited: Hornsby Development Control Plan 2013 Land and Environment Court of New South Wales, COVID–19 Pandemic Arrangements Policy (July 2020) Macquarie Dictionary (5th edition) New South Wales Department of Planning and Environment, Child Care Planning Guideline (August 2017) Category: Principal judgment Parties: Ekon Pty Ltd (Applicant) Hornsby Council (Respondent) Representation: Counsel: J Reid (Applicant) A Pickup (Solicitor) (Respondent)