So v Blacktown City Council [2023] NSWLEC 1020

Land and Environment Court New South Wales

Medium Neutral Citation: So v Blacktown City Council [2023] NSWLEC 1020 Hearing dates: 27-28 July 2022 and 29-30 November 2022 Date of orders: 17 January 2023 Decision date: 17 January 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans and documents filed in the appeal. (2) The appeal is dismissed. (3) Development Application DA-20-01096, as amended seeks approval to construct a two-storey childcare centre for 76 children, with (27 car space) parking and associated earth/civil works on Lot 1 in DP 1221556, also known as 2 Galbraith Street, Nirimbia Fields, is refused. (4) All exhibits are retained. Catchwords: DEVELOPMENT APPLICATION – childcare centre – flooding impact and reliance on modelling – appropriateness of mitigation design – consideration of site suitability due to flooding impact Legislation Cited: Blacktown Local Environmental Plan 2015, cl 1.4 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34D State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cl 23 State Environmental Planning Policy (Precincts – Central River City) 2021, s 1.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 19, 20, Appendix 7 Cases Cited: Rothshire Pty Ltd v Blacktown City Council [2022] NSWLEC 1125 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Blacktown Development Control Plan 2015 NSW Planning & Environment, Child Care Planning Guideline 2017 Category: Principal judgment Parties: Hip Tong So (Applicant) Blacktown City Council (Respondent) Representation: Counsel: T To (Applicant) S Shneider (Solicitor) (Respondent)