LZ 26 Pty Ltd v Hunters Hill Council [2022] NSWLEC 1496

Land and Environment Court New South Wales

Medium Neutral Citation: LZ 26 Pty Ltd v Hunters Hill Council [2022] NSWLEC 1496 Hearing dates: Conciliation conference on 13 and 25 July 2022 Date of orders: 15 September 2022 Decision date: 15 September 2022 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) The Modification Application to the Court, pursuant to s.4.55(8) of the Environmental Planning and Assessment Act 1979, seeking to modify the development consent granted by the Court on 21 February 2020 to Development Application No. 2019-1002 in Land and Environment Court Proceedings No. 2019/89953, is approved. The modification application, to vary the hours of outdoor play for the children within the childcare centre, at 32 Ryde Road, Hunters Hill (Lot 1 in DP 845479), is modified as set out in Annexure "A" to this judgment. (3) The Development Consent to Development Application No. 2019-1002, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure "B" to this judgment. Catchwords: MODIFICATION APPLICATION – Childcare Centre – conciliation conference – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55(2), 4.55(8) Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations (2011) regs 107, 108 Hunters Hill Local Environmental Plan 2021 State Environmental Planning Policy (Transport and Infrastructure SEPP) 2021 State Environmental Planning Policy (Resilience and Hazards) 2021 Texts Cited: Hunters Hill Council Community Participation Plan NSW Department of Planning and Environment, Child Care Planning Guidelines (August 2017) Category: Principal judgment Parties: LZ 26 Pty Ltd (Applicant) Hunters Hill Council (Respondent) Representation: Counsel: M Staunton (Applicant) J Cole (Solicitor)(Respondent)