Madrajat v Blacktown City Council [2023] NSWLEC 1595

Land and Environment Court New South Wales

Medium Neutral Citation: Madrajat v Blacktown City Council [2023] NSWLEC 1595 Hearing dates: Conciliation conference on 19 July 2023 Date of orders: 11 October 2023 Decision date: 11 October 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs 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 No DA-22-01533 for the demolition, tree removal and construction of a two storey child care centre for 48 children with 15 car spaces within the basement level, landscaping and acoustic fencing at the property identified as Lot 2 in DP 1137842 and known as 43 Victoria Road, Rooty Hill NSW 2766, subject to the conditions at Annexure A. Catchwords: APPEAL – development application – centre based child care facility – conciliation conference – agreement reached – orders made Legislation Cited: Blacktown Local Environmental Plan 2015, cl 4.3 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.25 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Sarah Madrajat (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) S Puckeridge (Solicitor) (Respondent)