PJM Group Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1170

Land and Environment Court New South Wales

Medium Neutral Citation: PJM Group Pty Ltd v Ku-ring-gai Council [2022] NSWLEC 1170 Hearing dates: 2, 3 & 6 December 2021 Date of orders: 14 April 2022 Decision date: 14 April 2022 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application no. DA0004/21 for the demolition of existing structures (including a locally listed heritage item) and the construction of a 75-place childcare centre and associated works at 1458 Pacific Highway, Turramurra, subject to the conditions of consent in Annexure A. (3) The exhibits are returned except for A, B, C, D, E, H, J, N, P, X, 1, 4, 5, 10, 15 and 16. Catchwords: DEVELOPMENT APPLICATION – whether the locally listed heritage item should be demolished to allow construction of a 75-place childcare centre –whether proposed development unsuitable for the site – management of acoustic and air quality impacts Legislation Cited: Biodiversity Conservation Act 2016 Children (Education and Care Services) Supplementary Provisions Regulations 2012 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Ku-ring-gai Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 6.1, 6.2, 6.3, 6.5 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23, 26 State Environmental Planning Policy (Infrastructure) 2007, cll 45, 86, 101, 102 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Cases Cited: Creative Drafting Services v City of Parramatta Council [2019] NSWLEC 1413 Texts Cited: Association of Australasian Acoustical Consultants Guideline for Child Care Centre Acoustic Assessment (Version 3.0) Child Care Planning Guideline Ku-ring-gai Development Control Plan NSW Department of Planning, Development Near Rail Corridors and Busy Roads – Interim Guidelines 2008 NSW Environment Protection Authority, Methods for the Modelling and Assessment of Air Pollutants in NSW Category: Principal judgment Parties: PJM Group Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) J Smith (Respondent)