Silverdale & Spring Farm Pty Ltd v Camden Council [2021] NSWLEC 1561

Land and Environment Court New South Wales

Medium Neutral Citation: Silverdale & Spring Farm Pty Ltd v Camden Council [2021] NSWLEC 1561 Hearing dates: 9-10 September 2021 Date of orders: 27 September 2021 Decision date: 27 September 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Orders of the Court are: (1) The appeal is dismissed. (2) Development application DA2020/984/1 for the construction of a single storey centre based childcare centre for 80 children with associated play areas, landscaping and car parking at Nos 17-23 Bluebell Crescent Spring Farm is determined by way of refusal. (3) The exhibits, other than exhibits A, B, E, F and 1 are returned. Catchwords: DEVELOPMENT APPLICATION – child care centre – design – amenity impacts Legislation Cited: Camden Local Environmental Plan 2010, cll 4.3, 7.2, 7.3 Environmental Planning and Assessment Act 1979 s 8.7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 3, 23, 25, 26 Cases Cited: Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Camden Development Control Plan 2019 NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Silverdale & Spring Farm Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) R O'Gorman-Hughes (Respondent)