Mike & Shan Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1015

Land and Environment Court New South Wales

Medium Neutral Citation: Mike & Shan Pty Ltd v City of Canada Bay Council [2022] NSWLEC 1015 Hearing dates: 3-5 November 2021 Date of orders: 20 January 2022 Decision date: 20 January 2022 Jurisdiction: Class 1 Before: Horton C Decision: See directions at [201]. Catchwords: DEVELOPMENT APPLICATION – Impact of proposed development on State heritage item – Bourketown Heritage Conservation Area – adaptive reuse of water reservoir – centre-based child care facility - child care planning guidelines - Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 4.6, 5.10, 6.1, 6.2, Sch 5 Environmental Planning and Assessment Act 1979, ss 1.3, 4.16, 4.46, 8.7, 8.14, 8.15 Education and Care Services National Regulations, cll 108, 113, 114 Environmental Planning and Assessment Regulation 2000, cl 55 Heritage Act 1977, s 57 Land and Environment Court Act 1979, s 39 Protection of the Environment Operations Act 1997 Roads Act 1993 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cl 25 State Environmental Planning Policy No 55—Remediation of Land, cl 7 Texts Cited: Child Care Planning Guidelines, August 2017 City of Canada Bay Development Control Plan 2017 The Burra Charter: the Australia ICOMOS Charter for Places of Cultural Significance, 2013 Category: Principal judgment Parties: Mike & Shan Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: T To (Applicant) S Puckeridge (Solicitor) (Respondent)