Nile Street Pty Ltd ATF The Kearneys Drive Trust v Orange City Council [2022] NSWLEC 1202

Land and Environment Court New South Wales

Medium Neutral Citation: Nile Street Pty Ltd ATF The Kearneys Drive Trust v Orange City Council [2022] NSWLEC 1202 Hearing dates: 8 March 2022 Date of orders: 19 April 2022 Decision date: 19 April 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld (2) Development application No. 284/2020 seeking development consent for demolition of existing structures and construction of a single storey child care centre at 4 Kearneys Drive Orange legally described as Lot A in DP 365443 is determined by the grant of consent subject to conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – streetscape and design - acoustic impacts – traffic and parking - orders Legislation Cited: Education and Care Services National Regulations 2011, ss 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Interpretation Act 1987, s 30A Orange Local Environmental Plan 2011, cll 7.1, 7.3, 7.6, 7.11 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3. s 3.6. State Environmental Planning Policy No. 55—Remediation of Land, cl 7. State Environmental Planning Policy No 64 – Advertising and Signage State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3. s 3.22, 3.23, 3.26, Texts Cited: Child Care Planning Guideline 2017 Orange Development Control Plan 2004 Category: Principal judgment Parties: Nile Street Pty Ltd ATF The Kearneys Drive Trust (Applicant) Orange City Council (Respondent) Representation: Counsel: T Howard SC (Applicant) M Cottom (Solicitor) (Respondent)