NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Jarvis v Ku-ring-gai Council [2021] NSWLEC 1447 Hearing dates: 10-11 June 2021 Date of orders: 4 August 2021 Decision date: 04 August 2021 Jurisdiction: Class 1 Before: Horton C Decision: See orders at [107] Catchwords: DEVELOPMENT APPLICATION – State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 – adaptive reuse of local heritage item – heritage conservation area – consideration given to child care planning guidelines Legislation Cited: Education and Care Services National Regulations, cl 115 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act, s39 Environmental Planning and Assessment Regulation 2000, cl 55 Ku-ring-gai Local Environmental Plan 2015, cll 5.10, 6.1, 6.2, 6.3, 6.5, Sch 5 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cll 23, 26 Texts Cited: Building Code of Australia NSW Department of Planning and Environment, Child Care Planning Guideline, (2017) Ku-ring-gai Development Control Plan 2016 Category: Principal judgment Parties: Martin Jarvis (First Applicant) Min Jarvis (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: J Farrell (Applicant) C Rose (Solicitor) (Respondent)
Solicitors: Conomos Legal (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s): 2020/204174 Publication restriction: No
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