Selim v Strathfield Municipal Council [2021] NSWLEC 1783

Land and Environment Court New South Wales

Medium Neutral Citation: Selim v Strathfield Municipal Council [2021] NSWLEC 1783 Hearing dates: Conciliation conference on 25 November and 10 December 2021 Date of orders: 22 December 2021 Decision date: 22 December 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA/2021/116 to increase the capacity of an existing child care centre on the land at 6 Torrington Road, Strathfield (Lot A1 in DP 368736) by thirteen (13) children, from thirty-five (35) to forty-eight (48) children, increase in the number of staff from six (6) to nine (9), and provision of an additional parking space within the existing porte cochere area is approved subject to the conditions of consent annexed hereto and marked "A". (3) No order as to costs. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, regs 107,108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 77 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 25 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Strathfield Local Environmental Plan 2019, ss 2.3, 4.3, 4.4C, 6.1, 6.2, 6.4, 6.6 Texts Cited: Department of Planning and Environment, Child Care Planning Guideline, 2017 Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Sheriff Selim (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: L Sims (Applicant) A Seton (Solicitor) (Respondent)