Landow v Wollondilly Shire Council [2022] NSWLEC 1382

Land and Environment Court New South Wales

Medium Neutral Citation: Landow v Wollondilly Shire Council [2022] NSWLEC 1382 Hearing dates: 7-9 June 2022 Date of orders: 25 July 2022 Decision date: 25 July 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA/2020/909/1 seeking the grant of consent for a child care centre at 125 Hornby Street Wilton is determined by way of refusal. (3) The exhibits are returned except for Exhibits 2, A, B and C, which are retained. Catchwords: DEVELOPMENT APPLICATION – centre-based childcare centre – carparking in front setback – defining local character – streetscape character – acoustic fencing Legislation Cited: Children (Education and Care Services) Supplementary Provisions Regulations 2012 Environmental Planning and Assessment Act 1979, ss 8.7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 26 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9 Wollondilly Local Environmental Plan 2011 Texts Cited: Association of Australian Acoustic Consultants Guideline for Child Care Centre Acoustic Assessment (October, 2013) Child Care Planning Guideline (February, 2017) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (February, 2022) Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Simon Landow (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: T To and J Cole (Solicitor) (Applicant) M Astill (Respondent)