Force Way Group Pty Ltd v City of Parramatta Council [2021] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Force Way Group Pty Ltd v City of Parramatta Council [2021] NSWLEC 1024 Hearing dates: 10-11 August 2020; 10-11 December 2020 Date of orders: 21 January 2021 Decision date: 21 January 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA 788/2017 for demolition of the existing single storey dwelling, the construction of a two-storey childcare centre with a capacity of 44 children and basement parking for 12 vehicles at 83 Gladstone Street, North Parramatta is refused. (3) The exhibits are returned with the exception of Exhibits H, 12, 23, 38. Catchwords: DEVELOPMENT APPLICATION – childcare centre – compliance of the development with childcare regulations – whether the acoustic impact of the development is reasonable – constraints of the proposed plan of management – sufficiency of indoor and outdoor unencumbered play space – amenity of outdoor play areas – suitability of the site for the development Legislation Cited: Education and Care Services National Regulation Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55—Remediation of Land Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Hoxton Park Residents Action Group Inc. v Liverpool City Council (2011) 81 NSWLR 638; [2011] NSWCA 349 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Stockland Developments Pty Ltd v Wollongong Council (2004) 139 LGERA 374; [2004] NSWLEC 470 Tahany Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1008 Texts Cited: Association of Australasian Acoustic Consultants Guideline for Child Care Centre Acoustic Assessment (Version 2.0, October 2013) Association of Australasian Acoustic Consultants Guideline for Child Care Centre Acoustic Assessment (Version 3.0, September 2020) Australian Government, Department of Health, Guidelines for Healthy Growth and Development for Your Child Australian Standards AS 1055: Acoustics- Description and Measurement of Environmental Noise Department of Environment and Planning, Child Care Planning Guideline (August 2017) Parramatta Development Control Plan 2011 NSW Noise Policy for Industry Category: Principal judgment Parties: Force Way Group Pty Ltd (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: J Smith (Applicant) J Walker (Respondent)