Kyrich Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1190

Land and Environment Court New South Wales

Medium Neutral Citation: Kyrich Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1190 Hearing dates: Conciliation conference held on 30 March and 5 April 2023 Date of orders: 09 May 2023 Decision date: 09 May 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA2020/449 for an 87 place childcare centre, with 22 car parking spaces, associated landscaping, earthworks, retaining walls, fencing and drainage works on the land described as Lots 502, 503 and 504 DP 1201968 and Lot 506 DP 1201969 known as 2 and 4-8 Eliza Place, Picton subject to the conditions in Annexure A. (3) In accordance with s 8.13(3) of the Environmental Planning and Assessment Act 1979, this development consent takes effect on the date these orders are made. (4) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: APPEAL – development application – centre-based childcare facility – conciliation conference – agreement reached – orders made Legislation Cited: Coal Mine Subsidence Compensation Act 2017, s 22 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.46, 8.7, 8.10, 8.13, 8.15 Environmental Planning and Assessment Regulation 2000, cll 3, 49, 50, 55, Sch 1 cl 2A Environmental Planning and Assessment Regulation 2021, Sch 6, Pt 1 s 3 Interpretation Act 1987, s 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 9.4, 9.5 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Pts 1-7, Sch 1-5 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021, s 24A, Sch 9 s 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 1.4, 2.122, Ch 3 Pts 3.1-3.7, ss 3.22, 3.23, 3.26, Sch 5-9, Sch 9 s 1, Sch 12 s 2 Wollondilly Local Environmental Plan 2011, cll 2.3, 4.3, 5.10, 7.1, 7.5, 7.9 Texts Cited: NSW Planning & Environment, Child Care Planning Guideline, August 2017 Wollondilly Community Participation Plan Wollondilly Development Control Plan 2016 Category: Principal judgment Parties: Kyrich Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant) T March (Respondent)