Appian CCC Pty Ltd v Burwood Council [2022] NSWLEC 1619

Land and Environment Court New South Wales

Medium Neutral Citation: Appian CCC Pty Ltd v Burwood Council [2022] NSWLEC 1619 Hearing dates: 25 and 26 October 2022 Date of orders: 10 November 2022 Decision date: 10 November 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA10.2021.88.1 for alterations and additions to an existing dwelling house and change of use to a centre based child care facility at 18 Appian Way, Burwood, is determined by the grant of consent, subject to conditions of consent at Annexure 'A'. (3) All exhibits are returned, except for exhibits E, G, H and 6. Catchwords: DEVELOPMENT APPLICATION: centre-based child care centre – effect of proposed development on heritage conservation area – whether plan of management will be complied with – whether acoustic performance is acceptable Legislation Cited: Burwood Local Environmental Plan 2012, cll 5.10, 6.1 Education and Care Services National Regulation 2011, r 108 Environmental Planning and Assessment Act 1979, ss 4.17, 8.7 State Environmental Planning Policy (Educational facilities and Child Care Facilities) 2017, cl 23 State Environmental Planning Policy No 55-Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.26 Texts Cited: Burwood Development Control Plan 2013 NSW Department of Planning and Environment, Child Care Planning Guideline – Delivering quality child care for NSW (2017) Roads and Traffic Authority, Guide to Traffic Generating Development (2002) Transport Roads and Maritime Services, Validation Trip Generation Surveys Child Care Centres (2015) Category: Principal judgment Parties: Appian CCC Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: T Robertson SC (Applicant) T To (Respondent)