Childcare Developer Pty Ltd v Fairfield City Council [2023] NSWLEC 1630

Land and Environment Court New South Wales

Medium Neutral Citation: Childcare Developer Pty Ltd v Fairfield City Council [2023] NSWLEC 1630 Hearing dates: Conciliation conference on 16 October 2023 Date of orders: 25 October 2023 Decision date: 25 October 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs in the sum of $3000 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 within 28 days. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 267.1/2022, as amended, for the demolition of existing structures, tree removal and construction of a 99 place child care centre over basement parking on land legally described as Lot 47 Section 9 in DP1157, known as 23 Gilbert Street, Cabramatta, subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Fairfield Local Environmental Plan 2013, cll 2.3, 4.3, 4.4, 6.2, 6.9 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.65, Ch 11 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 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2017 Category: Principal judgment Parties: Childcare Developer Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: Dr Smith (Applicant) P Hudson (Solicitor) (Respondent)