Building Design & Technology Pty Ltd v Camden Council [2021] NSWLEC 1701

Land and Environment Court New South Wales

Medium Neutral Citation: Building Design & Technology Pty Ltd v Camden Council [2021] NSWLEC 1701 Hearing dates: Conciliation Conference 15 November 2021 Date of orders: 18 November 2021 Decision date: 18 November 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Conditional development consent is granted to development application no. DA/2020/170/1 (as amended) for the construction of a two storey child-care centre with associated play areas, landscaping and carparking at Lot 23 DP 1251612 known as 128-132 Raby Road, Gledswood Hills subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Camden Local Environmental Plan 2010, cl 2.3, 4.3 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55 – Remediation of Land Texts Cited: Camden Development Control Plan 2019 NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Building Design & Technology Pty Ltd (Applicant) Camden Council (Respondent) Representation: Counsel: N Hammond (Applicant) C Rose (Solicitor) (Respondent)