Gu v Campbelltown City Council [2023] NSWLEC 1485

Land and Environment Court New South Wales

Medium Neutral Citation: Gu v Campbelltown City Council [2023] NSWLEC 1485 Hearing dates: Conciliation conference on 11 and 31 July 2023 Date of orders: 29 August 2023 Decision date: 29 August 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $8,850 within 14 days of the date of these orders. (2) The appeal is upheld. (3) Development Application No 4705/2022/DA-C, seeking development consent for the demolition of existing structures and the construction of a two storey child care centre over basement level parking on land legally described as Lot 12 in Deposited Plan 771244 and known as 32 Minto Road, Minto, NSW, 2566, is determined by the grant of development consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – child care centre – amended plans – conciliation conference – agreement reached – orders Legislation Cited: Campbelltown Local Environmental Plan 2015, cll 5.21, 7.4, 7.10. Education and Care Service National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 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 6 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, s 3.23 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guidelines, 2017 Category: Principal judgment Parties: Yue Gu (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) K Arthur (Solicitor) (Respondent)