Kinderland Industries Pty Ltd v Central Coast Council [2023] NSWLEC 1482

Land and Environment Court New South Wales

Medium Neutral Citation: Kinderland Industries Pty Ltd v Central Coast Council [2023] NSWLEC 1482 Hearing dates: Conciliation conference 14 August 2023 Date of orders: 25 August 2023 Decision date: 25 August 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent referred to in [8] of this judgment pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application DA/1254/2022 seeking consent for the demolition of structures on the site, excavation, tree removal and construction of a 130 place two-storey childcare centre with basement car parking and associated works at 2 Wyreema Road, Warnervale NSW 2259 (Lot 48 DP 9203), subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of a two-storey centre based childcare centre – amended plans – agreement between the parties – orders made. Legislation Cited: Central Coast Local Environmental Plan 2022, cl 1.8A Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26 Wyong Local Environmental Plan 2013 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Wyong Development Control Plan 2013 Category: Principal judgment Parties: Kinderland Industries Pty Ltd (Applicant) Central Coast Council (Respondent) Representation: Counsel: A Hemming (Applicant) C Rose (Solicitor) (Respondent)