Townson Property Pty Ltd v Campbelltown City Council [2023] NSWLEC 1693

Land and Environment Court New South Wales

Medium Neutral Citation: Townson Property Pty Ltd v Campbelltown City Council [2023] NSWLEC 1693 Hearing dates: Conciliation conference on 25 August and 3 October 2023 Date of orders: 17 November 2023 Decision date: 17 November 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application as agreed or assessed. (2) The appeal is upheld. (3) Development application 243/2023/DA-C, as amended, for the construction of a new two storey centre-based child care facility accommodating 122 children including 31 at-grade parking and removal of trees on the land at 87 Townson Avenue, Minto is determined by the grant of development consent subject to the conditions in the annexure marked A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care facility – conciliation conference – agreement between parties – orders Legislation Cited: Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Campbelltown Local Environmental Plan 2015, cll 4.3, 4.4, 7.1, 7.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, Sch 5 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.26, Pt 3.3 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 Environmental Planning and Assessment Regulation 2021, s 38 Texts Cited: Department of Planning, Industry and Environment, NSW Childcare Planning Guideline, September 2021 Category: Principal judgment Parties: Townson Property Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: T Poisel (Applicant) D Loether (Solicitor) (Respondent)