Zaki v City of Parramatta Council [2021] NSWLEC 1257

Land and Environment Court New South Wales

Medium Neutral Citation: Zaki v City of Parramatta Council [2021] NSWLEC 1257 Hearing dates: 30 November – 1 December 2020, 16-17 March 2021 and 1 April 2021. Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Owner's consent is granted with respect to the lodgement of the development application in regard to emergency evacuation to Northmead Reserve as particularised in the plans and documents referenced at Annexure A. (2) The appeal is upheld. (3) Development Application No. 876/2018 for demolition works, tree removal and construction of a two-storey child care centre for up to 90 children with basement car parking at 32 Mary Street Northmead, is approved subject to the conditions at Annexure A. (4) The exhibits are returned except for Exhibits 5, 21, A-G, J, L-N, S, T, V, W, Z, EE. Catchwords: DEVELOPMENT APPLICATION – centre-based childcare centre – unencumbered indoor space – unencumbered outdoor space – storage – residential amenity – streetscape character – emergency evacuation – use of public reserve – parking and traffic Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.13, 4.15, 8.7 The Hills Local Environmental Plan 2019, s 2.3 Land and Environment Court Act 1979, s 39 Local Government Act 1993, Part 2, Division 2 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23, 25, 26 Cases Cited: Marina Bay Developments Pty Limited v Pittwater Council [2007] NSWLEC 41 Matic v Mid-Western Regional Council [2008] NSWLEC 113 Texts Cited: Child Care Planning Guideline (2017) The Hills Development Control Plan 2012 Hills Sportsground Generic Plan of Management 2014 Parramatta Development Control Plan 2011 Roads and Transport Authority Guide to Traffic Generating Developments 2002 Category: Principal judgment Parties: Maged Zaki (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: A Galasso SC and M Staunton 30 November – 1 December 2020, M Staunton 16-17 March 2021 and 1 April 2021 (Applicant) A Stafford (Respondent)