Northrose Pty Ltd v Willoughby City Council [2021] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Northrose Pty Ltd v Willoughby City Council [2021] NSWLEC 1409 Hearing dates: 23 – 25 March 2021, written submissions 22 April, 6, 10 May 2021 Date of orders: 20 July 2021 Decision date: 20 July 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Appeal is dismissed, (2) Development Application DA/2019/12 for use of the ground floor tenancy 4 of The Mint shop top housing building at 678 Willoughby Road, Willoughby for the operation of a childcare centre for 66 children is refused. (3) The exhibits are returned with the exception of Exhibit A, G and 1. Catchwords: DEVELOPMENT APPLICATION – childcare centre – existing ground floor tenancy of shop-top housing development – whether the site is suitable for use as a childcare centre – impacts on adjoining neighbours and apartments within the housing development – whether the amenity of the proposed childcare centre is appropriate – appeal dismissed Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Willoughby Local Environmental Plan 2012 Texts Cited: Australian Association of Acoustic Engineers, Guideline for Child Care Centre Acoustic Assessment, Version 3, (2020) Land and Environment, Conference of Expert Witnesses Policy, (2015) NSW Department of Planning and Environment, Child Care Planning Guideline, (2017) NSW Environment Protection Authority, Noise Policy for Industry, (2017) Willoughby Development Control Plan 2006 Category: Principal judgment Parties: Northrose Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Seymour (Respondent)