Archian Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Archian Pty Ltd v Ku-ring-gai Council [2023] NSWLEC 1546 Hearing dates: Conciliation conference 30 August 2023 Date of orders: 21 September 2023 Decision date: 21 September 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $18,000. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA0378/21, as amended, for the demolition of existing structures and construction of a centre based childcare facility for 72 children and associated works at 1 and 3 Carbeen Avenue, St Ives (Lot 23 DP 15578 Lot A DP 362222) subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition and construction of childcare centre – amended development application – agreement between the parties – orders made Legislation Cited: Children (Education and Care Services) Supplementary Provisions Regulation 2012 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 49 Ku-ring-gai Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 6.1, 6.2, 6.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2015 Category: Principal judgment Parties: Archian Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: N Hammond (Applicant) C Morton (Solicitor) (Respondent)