Micallef v Hawkesbury City Council [2021] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: Micallef v Hawkesbury City Council [2021] NSWLEC 1410 Hearing dates: 28 June 2021 Date of orders: 21 July 2021 Decision date: 21 July 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development application DA0540/19 for demolition of existing structures, tree removal and the construction of a one storey centre based childcare facility accommodating a total of 115 children with 46 at grade parking spaces at Lot 60 DP 1070588, No 542 Windsor Rd, Vineyard is approved subject to the conditions in Annexure A. (3) The exhibits, other than exhibits A, B, D and 1, are returned. Catchwords: DEVELOPMENT APPLICATION – childcare centre Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.46, 8.7 Environmental Planning and Assessment Regulation 2000, cl 276(1) Hawkesbury Local Environmental Plan 2012, cll 2.3, 4.3(2), 6.1, 6.4(2), Roads Act 1993, ss 25, 26 Rural Fires Act 1997, s 100B State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cl 23 State Environmental Planning Policy (Infrastructure) 2007, cll 101, 102 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 16, 17 Texts Cited: North West Priority Growth Area, Land Use Infrastructure and Implementation Plan 2017 Category: Principal judgment Parties: Victor George Micallef (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: N Eastman (Applicant) A Seton (Solicitor) (Respondent)