Du v Fairfield City Council [2023] NSWLEC 1110

Land and Environment Court New South Wales

Medium Neutral Citation: Du v Fairfield City Council [2023] NSWLEC 1110 Hearing dates: Conciliation conference on 7 October 2022, 15 and 24 November 2022 and 15 December 2022 Date of orders: 14 March 2023 Decision date: 14 March 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) Development consent is granted to Development Application No. DA 433.1/2021, as amended, for the demolition of existing structures, removal of trees, construction of a one (1) storey child care centre for a maximum of twenty-four (24) children, with six (6) parking spaces, landscaping and associated site works on land legally described as Lot 6 in DP 36181 and known as 49 George Street, Canley Heights, NSW, 2166, subject to the conditions at Annexure A. (3) The Applicant is directed 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 $7,000. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between parties – orders Category: Principal judgment Parties: Wendy Du (Applicant) Fairfield City Council (Respondent) Representation: Counsel: J Reid (Applicant) J Corradini-Bird (Solicitor) (Respondent)

Solicitors: Macpherson Kelley (Applicant) Marsdens Law Group (Respondent) File Number(s): 2022/167738 Publication restriction: No