Active Kids Group Pty Ltd v North Sydney Council [2021] NSWLEC 1231

Land and Environment Court New South Wales

Medium Neutral Citation: Active Kids Group Pty Ltd v North Sydney Council [2021] NSWLEC 1231 Hearing dates: Conciliation conference on 20-21 April 2021 Date of orders: 11 May 2021 Decision date: 11 May 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is granted leave to amend the development application to rely upon the amended architectural plans referred to in condition A1 of Annexure A. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application as agreed or assessed. (3) The Appeal is upheld. (4) Development Application No. DA 069/2020 for first floor addition to existing child care centre being new staff room facilities at 37 to 39 Murdoch Street, Cremorne is approved subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION: centre based child care – Cremorne Heritage conservation area – conciliation conference – agreement between parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 North Sydney Local Environmental Plan 2013 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Infrastructure) 2007 State Regional Environmental Planning Policy (Sydney Harbour Catchment) 2005 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Childcare Planning Guidelines, published by the NSW Department of Planning and Environment Category: Principal judgment Parties: Active Kids Pty Ltd (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)