Giraffe Child Care Group Pty Ltd v Northern Beaches Council [2021] NSWLEC 1533

Land and Environment Court New South Wales

Medium Neutral Citation: Giraffe Child Care Group Pty Ltd v Northern Beaches Council [2021] NSWLEC 1533 Hearing dates: Conciliation conference on 12 July 2021, 13 and 30 August 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: Refer to the orders below at [23] Catchwords: DEVELOPMENT APPLICATION – extension of existing child care centre – heritage item on NSW State Heritage Register – car stackers – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.55, 8.7 Environmental Planning and Assessment Regulation 2000, cll 55, 296 Heritage Act 1977, cl 57, 58 Land and Environment Court Act 1979, s 34 Manly Local Environmental Plan 2013, cl 5.10 State Environmental Planning Policy (Educational Establishment and Child Care Facilities) 2017, cl 23 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Manly Development Control Plan 2013 NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) Category: Principal judgment Parties: Giraffe Child Care Group Pty Ltd (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) S Patterson (Solicitor) (Respondent)