The Trustee for Giggs and Learn Trust v Canterbury-Bankstown Council [2023] NSWLEC 1214

Land and Environment Court New South Wales

Medium Neutral Citation: The Trustee for Giggs and Learn Trust v Canterbury-Bankstown Council [2023] NSWLEC 1214 Hearing dates: Hearing on 5 and 6 April 2023 Date of orders: 05 May 2023 Decision date: 05 May 2023 Jurisdiction: Class 1 Before: Bradbury AC Decision: The orders of the Court are: (1) The appeal is dismissed. (2) Modification Application DA-216/2016/B to modify Development Consent DA-216/2016 for a centre-based child care facility on the land described as Lot 102 DP 1206835 and known as 29 Trafalgar Street, Belmore to permit 4 additional children and one additional staff member, to increase the size of the outdoor play area by 21 m2 and install additional glass panels above the existing external fence along the Trafalgar St frontage of the site is determined by way of refusal. (3) All exhibits are returned with the exception of Exhibits A, B, C, 2 and 7, which are retained. Catchwords: APPEAL – modification application – centre-based child care facility – jurisdictional preconditions in State Environmental Planning Policy (Transport and Infrastructure) 2021 not satisfied Legislation Cited: Education and Care Services National Regulations, reg 108 Environmental Planning and Assessment Act 1979, s 4.56 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.3, 3.22, 3.23 Cases Cited: Agricultural Equity Investments Pty Ltd v Westlime Pty Ltd (No 3) [2015] NSWLEC 75 Texts Cited: Canterbury Development Control Plan 2012 NSW Planning & Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: The Trustee for Giggs and Learn Trust (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: G Antoniou (Authorised Agent) (Applicant) M Bonanno (Solicitor) (Respondent)