Gartner Trovato Architects v Northern Beaches Council [2023] NSWLEC 1461

Land and Environment Court New South Wales

Medium Neutral Citation: Gartner Trovato Architects v Northern Beaches Council [2023] NSWLEC 1461 Hearing dates: Conciliation conference on 14 July 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Modification Application No. 2023/0212 seeking consent to modify child place numbers from 71 to 88 is determined by the grant of consent subject to the conditions in Annexure A. (2) Development consent N0200/16 which granted consent for demolition of existing structures and construction of a part single and part two storey building for use as a child care centre with basement parking at 30 Queens Parade, Newport as modified by the Court is Annexure B. Catchwords: MODIFICATION APPLICATION – modification of approved centre based child care centre by increase in child place numbers – conciliation conference – agreement reached – orders made Legislation Cited: Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, s 4.55 Environmental Planning and Assessment Regulation 2021, s 113 Land and Environment Court Act 1979, s 34 New South Wales Government Gazette, No 501, 1 October 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 3.23 Cases Cited: Feldkirchen Pty Ltd v Development Implementation Pty Ltd (2022) 254 LGERA 114; [2022] NSWCA 227 Category: Principal judgment Parties: Gartner Trovato Architects (Applicant) Northern Beaches Council (Respondent) Representation: Counsel: M Staunton (Applicant) C Gough (Solicitor) (Respondent)