Ente Group Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1411

Land and Environment Court New South Wales

Medium Neutral Citation: Ente Group Pty Ltd v The Council of the City of Sydney [2023] NSWLEC 1411 Hearing dates: Conciliation conference on 27 July 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is granted leave to rely on the amended development application. (2) The appeal is upheld. (3) Development application no. D/2022/199, as amended, for the removal of trees and construction of a two- storey centre-based child care facility with a maximum capacity of 56 children ranging from 0-5 years at 20-28 Munni Street, Newtown NSW 2042, is determined by the grant of development consent subject to the conditions of consent in Annexure 'A'. Catchwords: APPEAL – development application – centre-based childcare facility – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, reg 108 Environmental Planning and Assessment Act 1979, s 4.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.26 Sydney Local Environmental Plan 2012, cll 2.3, 4.3, 4.4, 5.10, 6.21C, 7.9, 7.13, 7.14 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Texts Cited: Child Care Planning Guidelines 2021 Sydney Development Control Plan 2012 Category: Principal judgment Parties: Ente Group Pty Ltd (Applicant) The Council of the City of Sydney (Respondent) Representation: Counsel: M Staunton (Applicant) J Reid (Respondent)