Ayoub v The Hills Shire Council [2021] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Ayoub v The Hills Shire Council [2021] NSWLEC 1021 Hearing dates: 30 November-01 December 2020 Conditions filed 15 December 2020 Date of orders: 15 January 2021 Decision date: 15 January 2021 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) Leave is granted to the applicant to rely upon amended plans. (2) The applicant is to pay the costs of the respondent thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is dismissed. (4) Development application DA 166/2019/HA for a child care centre at 92 Peel Road, Baulkham Hills is refused. (5) The exhibits are returned except for Exhibits A, B, C and 1. Catchwords: DEVELOPMENT APPLICATION – Child care centre – overdevelopment – car parking shortfall – vehicle safety and sightline concerns – adequacy of basement design – landscaping of setbacks – amenity for neighbours – resident objections – public interest Legislation Cited: Children (Education and Care Services) National Law (NSW) Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 The Hills Local Environmental Plan 2012 The Hills Local Environmental Plan 2019 Texts Cited: Australian Standard AS 2890.1 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy NSW Department of Planning, Child Care Planning Guideline (2017) Roads and Maritime Services, Guide to Traffic Generating Developments (October 2002) Roads and Maritime Services, Validation Trip Generation Surveys Child Care Centre Report 2015 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Charbel Ayoub (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) C Novak (Respondent)