Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535

Land and Environment Court New South Wales

Medium Neutral Citation: Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535 Hearing dates: 9-11 August 2021 Date of orders: 16 September 2021 Decision date: 16 September 2021 Jurisdiction: Class 1 Before: Horton C Decision: See directions at [145] Catchwords: DEVELOPMENT APPLICATION – centre based child care – heritage conservation area – item of local heritage significance – acoustic amenity of neighbouring properties – the suitability of the site for the development Legislation Cited: Education and Care Services National Regulations (2011 SI 653), reg 110 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Hunters Hill Local Environmental Plan 2012, cll 1.2, 2.3, 5.1, 5.10, 6.2, 6.3, Sch 5 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 3, 7, 22, 23, 25, 26 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Child Care Planning Guideline, NSW Department of Planning and Environment, August 2017 COVID-19 Pandemic Arrangements Policy, Land and Environment Court of NSW, April 2021 Environmental Planning Authority's Road Noise Policy, March 2011 Gladesville Town Centre Master Plan Hunter's Hill Community Participation Plan 2019 Hunters Hill Consolidated Development Control Plan 2013 Category: Principal judgment Parties: Raland Construction Pty Ltd (Applicant) Hunter's Hill Council (Respondent) Representation: Counsel: J Reid (Applicant) N Eastman (Respondent)