Virtue Holdings 888 Pty Ltd v Cumberland City Council [2022] NSWLEC 1699

Land and Environment Court New South Wales

Medium Neutral Citation: Virtue Holdings 888 Pty Ltd v Cumberland City Council [2022] NSWLEC 1699 Hearing dates: Conciliation Conference 18 November and 8 December 2022 Date of orders: 15 December 2022 Decision date: 15 December 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) The applicant is to pay the respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $1,300 within 28 days of judgment being delivered. (3) Development consent is granted to Development Application No. DA2022/0312 for the demolition of existing structures and the construction of a centre-based child care with ancillary training rooms at Lots 18 and 19, Sec 2 in DP 5121, 35-37 Pegler Avenue, South Granville, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – demolition – child care centre – orders Legislation Cited: Cumberland Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 5.1, 5.1A, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.9, 6.10, 6.14, 6.16, Sch 5 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Sydney Environmental Planning Policy (Biodiversity and Conservation) 2021 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 NSW Government, Floodplain Development Manual, April 2005 Category: Principal judgment Parties: Virtue Holdings 888 Pty Ltd ACN 625481281(Applicant) Cumberland City Council (Respondent) Representation: Counsel: J Reid (Applicant) C McFadzean (Solicitor)(Respondent)