Antoniou v Northern Beaches Council [2021] NSWLEC 1734

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniou v Northern Beaches Council [2021] NSWLEC 1734 Hearing dates: 8-9 November 2021 Date of orders: 30 November 2021 Decision date: 30 November 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1) The appeal is upheld. 2) Development consent is granted for the demolition of existing structures and the construction of a centre based child care facility at 11 Lewis Street Balgowlah Heights, subject to the conditions in Annexure A. 3) Exhibits 1, 4, C, E and F are returned. Catchwords: APPEAL – development application – child care centre – adjacent to primary school – traffic impact – pedestrian safety – adequacy of parking arrangements – all contentions resolved Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Manly Local Environmental Plan 2013 cll 2.3, 4.3, 4.4, 4.6, 6.2, 6.4 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cll 23, 26 State Environmental Planning Policy No 55—Remediation of Land cl 7 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Texts Cited: Manly Development Control Plan 2013 National Construction Code Category: Principal judgment Parties: George Antoniou (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Patterson (Solicitor) (Respondent)