Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1028

Land and Environment Court New South Wales

Medium Neutral Citation: Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1028 Hearing dates: 28 and 29 June 2021 Date of orders: 7 February 2022. Decision date: 07 February 2022 Jurisdiction: Class 1 Before: Bindon AC Decision: See directions at [153] Catchwords: DEVELOPMENT APPLICATION – alterations to commercial premises to permit child care centre – simulated outdoor play space – concurrence of NSW Department of Education – whether substantial redevelopment or substantial refurbishment of existing mixed use building and application of State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Legislation Cited: Children (Education and Care Services) Supplementary Protection Act 2011 Education and Care Services National Regulations, regs 108, 110, 114 Environmental Planning and Assessment Act 1979, ss 4.2, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34, 39 Ryde Local Environmental Plan 2014, cll 1.2, 2.3 State Environmental Planning Policy (Educational Establishment and Child Care Facilities) 2017, cll 22, 23, 26 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cl 4 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) Ryde Development Control Plan 2014 Category: Principal judgment Parties: Acorp Developments Pty Ltd (Applicant) Council of the City of Ryde (Respondent) Representation: Counsel: A Pickles SC (Applicant) F Berglund (Respondent)