Malek v Campbelltown City Council [2022] NSWLEC 1523

Land and Environment Court New South Wales

Medium Neutral Citation: Malek v Campbelltown City Council [2022] NSWLEC 1523 Hearing dates: Conciliation conference held on 5 & 26 July, 5 & 13 September 2022 Date of orders: 27 September 2022 Decision date: 27 September 2022 Jurisdiction: Class 1 Before: Morris AC Decision: (1) The Appeal is upheld. (2) The Applicant is to pay the Respondent's costs, as agreed or assessed, pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979. (3) Development Application No. 559/2022/DA-C, for the demolition of the existing dwelling & construction of a two storey centre based child care centre for 88 children with basement parking, landscaping and civil works on land legally described as Lot 670 & Lot 669 in DP237980 and known as 1 & 3 Tallowwood Crescent, Bradbury, is approved subject to the conditions at Annexure A. Catchwords: CONCILIATION CONFERENCE – agreement between the parties – centre based child care centre – access – traffic - amenity Legislation Cited: Campbelltown Local Environmental Plan 2015 cll 7.1, 7.4, 7.10 Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.15 Environmental Planning and Assessment Regulation 2021 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 cl 11.6 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cl 23 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 cl 3.23 Texts Cited: NSW Child Care Planning Guideline 2017 Education and Care Services National Regulations 2011 Campbelltown (Sustainable City) Development Control Plan 2015 Category: Principal judgment Parties: Phillip Malek (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) K Gerathy (Solicitor) (Respondent)