Sivabalakan v Cumberland Council [2021] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: Sivabalakan v Cumberland Council [2021] NSWLEC 1608 Hearing dates: Conciliation conference on 1 and 21 September 2021 Date of orders: 15 October 2021 Decision date: 15 October 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent consent authority, agreed in the sum of $3,500 to be paid within 28 days of orders being made. (2) The appeal is upheld. (3) Development Application DA 2021/0055 for demolition of existing structures and construction of a 4 storey, 111 place centre based child care facility over one level of basement on land legally described as Lots 82 in DP13239 and known as 1 Patricia Street, Mays Hill, is approved subject to conditions set out in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION – centre-based child care facility – R4 High Density Residential zone – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Holroyd Local Environmental Plan 2013, cll 6.2, 6.3, 6.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23, 25 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Sharmila Sivabalakan (Applicant) Cumberland Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)