Ibrahim v Georges River Council [2021] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Ibrahim v Georges River Council [2021] NSWLEC 1595 Hearing dates: Conciliation Conference on 28 September 2021 Date of orders: 14 October 2021 Decision date: 14 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Approval is granted to modification application MOD2020/0178, to modify development consent DA/2014/1197 to increase the number of children permitted at the centre from 48 to 58, adopt a new plan of management, make changes to the physical layout of the driveway entrance and basement parking and changes to the acoustic treatment and design of the existing building on the property known as 10 Lawrence Street, Peakhurst subject to the conditions of consent in Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Hurstville Local Environmental Plan 2012, cl 2.3 Land and Environment Court Act 1979, ss 34, 39 Land and Environment Court Rules 2007, r 3.7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 5, 22, 23 Texts Cited: Child Care Planning Guideline Hurstville Development Control Plan No 1 Category: Principal judgment Parties: Mariam Ibrahim (Applicant) Georges River Council (Respondent) Representation: Counsel: J Lazarus SC (Applicant) J Farrell (Respondent)