Ekon Pty Limited v Georges River Council [2021] NSWLEC 1472

Land and Environment Court New South Wales

Medium Neutral Citation: Ekon Pty Limited v Georges River Council [2021] NSWLEC 1472 Hearing dates: 24 and 25 May, 18 June 2021 Date of orders: 20 August 2021 Decision date: 20 August 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA2017/0659 for the demolition of the existing dwelling house and the construction of a two storey child care centre (proposal) at Lot 189 in Deposited Plan 6202 known as 4 The Esplanade, South Hurstville is determined by refusal. (3) The exhibits be returned other than exhibits A, Q, R and 1. Catchwords: DEVELOPMENT APPLICATION – Child care centre – character of the area – bulk and scale – adequacy of landscaping – impact on street tree – impact on neighbour's Murraya hedge – loss of trees on site – Legislation Cited: Education and Care Services National Regulations, cl 110 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Georges River Local Environmental Plan 2020 Kogarah Local Environmental Plan 2012, cll 2.3, 4.3, 4.4 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 25, 26 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Texts Cited: Association of Australasian Acoustical Consultants Guideline (version 3, September 2020) Australian Standard AS 2890.1:2004 Australian Standard AS 4970-2009 Building Code of Australia Child Care Planning Guideline, NSW Department of Planning and Environment, August 2017 Draft Georges River Development Control Plan 2020 Kogarah Development Control Plan 2013 NSW Road Noise Policy, NSW Department of Environment, Climate Change and Water Category: Principal judgment Parties: Ekon Pty Limited (Applicant) Georges River Council (Respondent) Representation: Counsel: J Reid (Applicant) M Staunton (Respondent)