Tahany Pty Limited v Waverley Council [2022] NSWLEC 1363

Land and Environment Court New South Wales

Medium Neutral Citation: Tahany Pty Limited v Waverley Council [2022] NSWLEC 1363 Hearing dates: 27 June 2022 Date of orders: 11 July 2022 Decision date: 11 July 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application 106/2022 for alterations and additions to an existing childcare centre and an increase in numbers from the currently approved 27 children to 43 children at 140 Clyde Street, North Bondi. (3) Pursuant to s 138 of the Roads Act 1993 consent is granted for works in Clyde Street to introduce angled parking as depicted in the approved plan 2020-661-01D 'On-street Parking Concept – Overview 220627. (4) Exhibits are returned except for Exhibits 1, A and B Catchwords: DEVELOPMENT APPLICATION: Childcare Centre -alterations and additions, increase in child numbers – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000 cl 55 Environmental Planning and Assessment Regulation 2021 cl 23 Land and Environment Court Act 1979 ss 34, 39 Roads Act 1993 Roads Transport Act 2013 Div 2 Pt 5.3 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Pt 3.3, cll 2.121, 3.23 Waverley Local Environmental Plan 2012 cll 4.3, 4.4, 5.21, 6.1, 6.2, 6.4 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Goldberg v Waverley Council [2007] NSWLEC 259 HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Makram Constructions Pty Ltd v North Sydney Council [2002] NSWLEC 4 New Century Developments Pty Ltd v Baulkham Hills Shire Council (2003) 127 LGERA 303 Texts Cited: Guideline for Childcare Centre Acoustic Assessment, Association of Australasian Acoustical Consultants, version 3, 2021 Category: Principal judgment Parties: Tahany Pty Limited (Applicant) Waverley Council (Respondent) Representation: Counsel: J Reid (Applicant) K Mortimer, Solicitor (Respondent)