Keda Property Investments Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1681

Land and Environment Court New South Wales

Medium Neutral Citation: Keda Property Investments Pty Ltd v Hawkesbury City Council [2023] NSWLEC 1681 Hearing dates: Conciliation conference on 6 September 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the applicant for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the agreed amount of $1500 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application DA0036/23 for the demolition of existing structures, construction of a 75-place centre-based child care facility, outdoor play areas, basement car parking and landscaping at 6 Keda Circuit, North Richmond NSW 2754, subject to the conditions of consent at 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, 8.11, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Hawkesbury Local Environmental Plan 2012, cll 2.3, 4.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Department of Planning, Industry and Environment, Childcare Planning Guideline, 2017 Category: Principal judgment Parties: Keda Property Investments Pty Ltd (Applicant) Hawkesbury City Council (Respondent) Representation: Counsel: R Frangi (Solicitor) (Applicant) A Seton (Solicitor)(Respondent)