TIC Investments NSW Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1694

Land and Environment Court New South Wales

Medium Neutral Citation: TIC Investments NSW Pty Ltd v Hornsby Shire Council [2021] NSWLEC 1694 Hearing dates: 25 August 2021 Date of orders: 16 November 2021 Decision date: 16 November 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The orders of the Court are: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning & Assessment Act 1979 as agreed in the sum of one dollar ($1.00). (2) The appeal is upheld. (3) Consent is granted to Development Application 259/2020 for construction of a purpose-built addition to a dwelling house and change of use to a 70-place childcare centre with an at grade and basement carpark and associated landscaping at 181-183 Beecroft Road, Cheltenham, subject to the conditions set out in Annexure A. (4) The exhibits are returned, except for 1 and 3. Catchwords: DEVELOPMENT APPLICATION – childcare centre – alterations and additions – heritage – consent orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Hornsby Local Environmental Plan 2013, cll 5.10, 6.2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 Texts Cited: Hornsby Development Control Plan 2013 Land and Environment Court, COVID-19 Pandemic Arrangements Policy (April 2021) Practice Note – Class 1 Development Appeals, Land and Environment Court of New South Wales (2018) Category: Principal judgment Parties: TIC Investments NSW Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: P O'Brien (Solicitor) (Applicant) T Pickup (Solicitor) (Respondent)