Jbe1 Pty Ltd v The Hills Shire Council [2021] NSWLEC 1199

Land and Environment Court New South Wales

Medium Neutral Citation: Jbe1 Pty Ltd v The Hills Shire Council [2021] NSWLEC 1199 Hearing dates: 26 and 29 March 2021 Date of orders: 27 April 2021 Decision date: 27 April 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA 1231/2020/HA seeking consent for the demolition of all existing structures, vegetation removal and construction of a 90 place, three storey centre- based child care facility (the Proposed Development) at 98 Old Northern Road, Baulkham Hills is determined by the grant of consent, subject to the conditions of development consent provided at Annexure 'A'. (3) The exhibits are returned, with the exception of Exhibits B, E, 1 and 8. Catchwords: DEVELOPMENT APPLICATION – child care centre – whether proposed side setbacks are acceptable – whether proposed parking is acceptable – whether character is compatible Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7(1) State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 The Hills Local Environmental Plan 2019, cll 2.1, 2.2, 2.3, 4.3, 4.4 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: COVID-19 Pandemic Arrangements Policy NSW Department of Planning, Child Care Planning Guideline, 2017 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Jbe1 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Astill (Applicant) S Kondilios (Solicitor) (Respondent)