Voudouris v City of Parramatta Council [2021] NSWLEC 1118

Land and Environment Court New South Wales

Medium Neutral Citation: Voudouris v City of Parramatta Council [2021] NSWLEC 1118 Hearing dates: 16-18 December 2020 and 9 January 2021 Date of orders: 08 March 2021 Decision date: 08 March 2021 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) Leave is granted to rely on amended plans, provided in Exhibits N, O and P. (2) The appeal is dismissed. (3) Development Application (DA) 698/2018 which as amended, seeks site consolidation of two lots into one lot, demolition of existing structures, and construction of a two-storey, 76-place child care centre with basement parking, fencing and landscaping on Lots 8 and 9 DP 975457, also known as 169-171 Burnett Street, Mays Hill is refused. (4) The Applicant is to pay the costs of the Respondent thrown away as a result of the amendments of the application for development consent, as agreed or assessed, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (5) The exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – childcare centre with basement parking – acoustic impacts and treatment – unencumbered outdoor play space – consistency with character and streetscape – basement and street parking Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Education and Care Services National Regulations reg 108 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Holroyd Local Environmental Plan 2013 cl 2.3 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cll 8, 22, 23, 25, 26 Cases Cited: Cachia v Manly Council (No 2) [2009] NSWLEC 1107 Texts Cited: Association of Australasian Acoustical Consultants, AAAC Guideline for Child Care Acoustic Assessment (Version 3 2020) New South Wales Department of Planning and Environment, Childcare Planning Guidelines (August 2017) Holroyd Development Control Plan 2013 New South Wales Transport Roads and Maritime Services, Validation Trip Generation Surveys, Child Care Centres Analysis Report (September 2015) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy Category: Principal judgment Parties: Nikolas Voudouris (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: M Wright SC (Applicant) A Stafford (Respondent)