Entrepreneur Enterprises Pty Ltd v Lane Cove Municipal Council [2023] NSWLEC 1323

Land and Environment Court New South Wales

Medium Neutral Citation: Entrepreneur Enterprises Pty Ltd v Lane Cove Municipal Council [2023] NSWLEC 1323 Hearing dates: 8-9 May 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application DA24/2022 for an increase in the capacity of the existing child care centre at 30 Landers Road, Lane Cove North, to 88 children, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits G to N, P and 1 to 6 are returned, and exhibits A to F, O and 7 are retained. Catchwords: APPEAL – development application – increase in numbers at a centre based child care facility – acoustic impact – Plan of Management – whether Plan of management is acceptable Legislation Cited: Education and Care Services National Regulations 2011, regs 13, 107, 108, 122, 123, 272 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Lane Cove Local Environmental Plan 2009, cl 2.3 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.26 Cases Cited: Appian CCC Pty Ltd v Burwood Council [2022] NSWLEC 1619 Artmade Architectural Pty Ltd trading as Artmade Architects v Burwood Council [2019] NSWLEC 1648 Brenham Pty Limited v North Sydney Council [2016] NSWLEC 1343 D'Souza v Hornsby Shire Council [2007] NSWLEC 838 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Texts Cited: Association of Australasian Acoustical Consultants, Guideline for Child Care Centre Acoustic Assessment (Version 3.0), September 2020 NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Lane Cove Development Control Plan 2010 Category: Principal judgment Parties: Entrepreneur Enterprises Pty Ltd (Applicant) Lane Cove Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) S Berveling (Respondent)