Bayview Road Canada Bay Pty Ltd v City of Canada Bay Council [2023] NSWLEC 1033

Land and Environment Court New South Wales

Medium Neutral Citation: Bayview Road Canada Bay Pty Ltd v City of Canada Bay Council [2023] NSWLEC 1033 Hearing dates: 13 December 2022 Date of orders: 31 January 2023 Decision date: 31 January 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) That the Development Application DA2021/0167, as amended, to demolish the existing dwelling house and all other structures in order to construct a part one and part two storey Centre Based Child care Facility, with basement parking, at Lot 7 in DP2165, 34 Bayview Road, Canada Bay, is determined by the grant of Development Consent subject to the conditions set out in Annexure "A" to this judgment. (3) The Exhibits, apart from Exhibits A, B and 2, are returned. Catchwords: DEVELOPMENT APPLICATION – Child care Centre – amended plans - hearing Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 4.3, 4.4, 6.1, 6.2 Education and Care Services National Regulations Children (Education and Care Services) Supplementary Provisions Regulation 2012 (the Child care Regulations), Regs 107, 108 Environmental Planning and Assessment Act 1979, s 8.7 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 3.22 Texts Cited: City of Canada Bay Development Control Plan 2017 NSW Government, Child Care Planning Guideline, August 2017 Category: Principal judgment Parties: Bayview Road Canada Bay Pty Ltd (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) R McCulloch (Solicitor)(Respondent)