Clutch Westmead Pty Ltd v Cumberland Council [2022] NSWLEC 1438

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch Westmead Pty Ltd v Cumberland Council [2022] NSWLEC 1438 Hearing dates: Conciliation conference: 28 July 2022 Date of orders: 22 August 2022 Decision date: 22 August 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA2021/0594 for the construction of a four-storey mixed use building comprising a centre based child care facility, business premises and a cafe at 73 Hawkesbury Road, Westmead (Lot 11 in Deposited Plan 311932), subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development in B1 Neighbourhood Centre zone – centre-based childcare facility – business premises – conciliation conference – agreement between the parties - orders Legislation Cited: Cumberland Local Environmental Plan 2021, cll 1.8A Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Holroyd Local Environmental Plan 2013 cll 4.3, 4.4, 6.2, 6.3, 6.7, 6.8 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 10.2, 10.18, 10.19, 10.20, 10.21, 10.22, 10.23, 10.24 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.22, 3.23, 3.26 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guidelines (August 2017) Cumberland Development Control Plan 2021 Holroyd Development Control Plan 2013 Category: Principal judgment Parties: Clutch Westmead Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: M Staunton (Applicant)