Mourad v Fairfield City Council [2022] NSWLEC 1708

Land and Environment Court New South Wales

Medium Neutral Citation: Mourad v Fairfield City Council [2022] NSWLEC 1708 Hearing dates: Conciliation conference on 14 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed sum of $12,000 payable within 30 days of Orders being made by the Court. (2) The appeal is upheld. (3) Development Consent is granted to Amended Development Application DA-399.1/2021 for the amalgamation of two (2) lots, construction of a two (2) storey centre based childcare facility for a maximum of one hundred and six (106) children, with nineteen (19) staff, including basement car parking, associated stormwater drainage and landscaping at 37-39 Broughton Street, Old Guildford, subject to conditions in Annexure B. Catchwords: DEVELOPMENT APLPICATION: centre based child care facility in R2 zone – conciliation conference – agreement between parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Fairfield Local Environmental Plan 2013, cll 4.3, 4.4. 6.2, 6.9 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 23, 25 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Environmental Planning and Assessment Regulation 2000, cl 55 Education and Care Services National Regulations 2011, Regs 107, 108 Category: Principal judgment Parties: George Mourad (Applicant) Fairfield City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)