Frangi v City of Parramatta Council [2022] NSWLEC 1034

Land and Environment Court New South Wales

Medium Neutral Citation: Frangi v City of Parramatta Council [2022] NSWLEC 1034 Hearing dates: 3, 4 and 5 February, 28 and 29 July 2021 Date of orders: 2 February 2022 Decision date: 02 February 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The orders of the Court are: 1) The appeal is dismissed. 2) Development application number DA/716/2019 seeking consent for demolition works, tree removal and construction of a 67 place two-storey child care centre with basement parking (the Proposed Development) at 25 Lanhams Road Winston Hills legally described as Lot 1 in DP 503177 is refused. Catchwords: DEVELOPMENT APPEAL – child care centre - acoustic impacts on residential neighbours – reliance on landscape design for acoustic compliance – reliance on plan of management for acoustic compliance - amenity of children and educators – emergency evacuation plan - orders Legislation Cited: Education and Care Services National Regulations, cll 108, 272 Environmental Planning and Assessment Act 1979, ss 4.15,8.7 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Education Establishments and Child Care Facilities) 2017, cl 23 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Force Way Group Pty Ltd v City of Parramatta Council [2021] NSWLEC 1024 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Tahany Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1008 Texts Cited: Association of Australasian Acoustical Consultants Guideline for Child Care Centre Acoustic Assessment (Version 3.0, 2020) Child Care Planning Guideline 2017, Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Raymond Stephen Frangi (First Applicant) Amale Frangi (Second Applicant) City of Parramatta Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) A Stafford (Respondent)