Basevski v City of Ryde Council [2022] NSWLEC 1387

Land and Environment Court New South Wales

Medium Neutral Citation: Basevski v City of Ryde Council [2022] NSWLEC 1387 Hearing dates: 8-9 June and 27 June 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Class 1 Before: McEwen AC Decision: The Court orders that: (1) The appeal is upheld. (2) LDA 2020/0358 for the demolition of existing structures, the removal of a street tree and construction of a two storey centre-based childcare centre for sixty four (64) children and twelve (12) staff with basement parking for fourteen (14) vehicles and with hours of operation of 7.00 am–6.00 pm Monday to Friday at 26 Beattie Avenue, Denistone East being Lot 53 DP 9536 is determined by the grant of consent subject to the conditions set out in Annexure 'A'. (3) Exhibits A, H, M, N, R and 1, 10 and 14 are retained. Exhibits B-G, J-L, O-Q and 2-9, 11-13 are returned. Catchwords: DEVELOPMENT APPLICATION – Sixty four (64) place centre-based childcare facility with basement parking – State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 – Streetscape character – Suitability of location – Impact on amenity of residents – Low Density Residential Zone – Whether the facility will be 'well ventilated' Legislation Cited: Education and Care Services National Regulations 2011 cl 110 Environmental Planning & Assessment Act 1979 ss 4.15, 4.16, 8.7 Environmental Planning & Assessment Regulation 2000 cl 3 Ryde Local Environmental Plan 2014 cll 2.3, 2.7, 4.3, 4.4, 5.1, 5.10, 5.21, 6.1, 6.2, 6.4 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004, cl 6 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cll 3, 23, 26 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 at [117]-[118] Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 Amazonia Hotels Pty Ltd v Council of City of Sydney [2014] NSWLEC 1247 Texts Cited: City of Ryde Development Control Plan 2014 NSW Department of Planning and Environment, Child Care Planning Guideline (2017) Standards Australia, A.S.1668.2 Category: Principal judgment Parties: Blagojce Basevski (First Applicant) Silvana Basevski (Second Applicant) City of Ryde Council (Respondent) Representation: Counsel: M Wright SC (Applicants) S Berveling (Respondent)