Moran v Ku-ring-gai Council [2021] NSWLEC 1404

Land and Environment Court New South Wales

Medium Neutral Citation: Moran v Ku-ring-gai Council [2021] NSWLEC 1404 Hearing dates: 13-14 April 2021 Date of orders: 14 July 2021 Decision date: 14 July 2021 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application 482/19 at 11 Boronia Avenue Turramurra for alterations and additions and conversion of an existing dwelling to a centre-based child care facility is refused. (3) All exhibits are returned except for exhibits B, C, G and 12. Catchwords: DEVELOPMENT APPLICATION – child care centre – streetscape impacts – acoustic impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cl 26 Texts Cited: Association of Australasian Acoustical Consultants, Guideline for Childcare Centre Acoustic Assessment, 2020 Australian Standard AS 1055:2018 Acoustics - Description and measurement of environmental noise Ku-ring-gai Development Control Plan 2016 Noise Policy for Industry 2017, section 2.6 NSW Department of Planning and Environment, Child Care Planning Guideline, 2017 Category: Principal judgment Parties: Joshua Moran (First Applicant) Katarzyna Moran (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: S Kondilios (Solicitor) (Applicant) R O'Gorman Hughes (Respondent)