Elzahr v Fairfield City Council [2022] NSWLEC 1542

Land and Environment Court New South Wales

Medium Neutral Citation: Elzahr v Fairfield City Council [2022] NSWLEC 1542 Hearing dates: 1 2 and 3 June 2022 Date of orders: 4 October 2022 Decision date: 04 October 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) the Applicant is granted leave to rely on amended plans in the proceedings; (2) the Applicant is to pay the Respondent's costs thrown away in dealing with the Applicant's amended plans, as agreed or assessed, pursuant to the provisions of s 8.15(3) of the Environmental Planning and Assessment Act 1979; (3) the appeal is dismissed; (4) Development Application DA396.1/2020 seeking consent for demolition of existing structures and construction of a 103 place child care centre with ancillary works at 157 to 161 Walworth Road, Horsley Park, is determined by way of refusal; (5) the exhibits are returned, with the exception of Exhibits A, B, C, 1 and 12 Catchwords: DEVELOPMENT APPLICATION – child care centre – whether streetscape of Proposed Development is compatible with character of the local area – whether Applicant's proposed earthworks are acceptable - whether proposed stormwater management arrangements are acceptable – whether parking is acceptable Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.43, 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 55, 77 Fairfield Local Environment Plan 2013, cll 2.3, 4.1, 4.3, 6.2, 6.9 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 2, 8, 22, 23, 25, 26 Cases Cited: BPG Properties Pty Ltd v Lake Macquarie City Council [2004] NSWLEC 399 Texts Cited: Building Code of Australia, Australian Building Codes Board Fairfield City Council Stormwater Management Policy 2017 Fairfield City Wide Development Control Plan 2013 Guideline for Child Care Centre Acoustic Assessment 2020, Association of Australasian Acoustical Consultants Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) NSW Department of Planning, Child Care Planning Guideline 2017 Category: Principal judgment Parties: Ronny Elzahr (Applicant) Fairfield City Council (Respondent) Representation: Counsel: J Reid (Applicant) A Seton (Solicitor) (Respondent)