Carpenter Street Centre Pty Ltd atf The Carpenter Street Centre Trust v Penrith City Council [2024] NSWLEC 1005

Land and Environment Court New South Wales

Medium Neutral Citation: Carpenter Street Centre Pty Ltd atf The Carpenter Street Centre Trust v Penrith City Council [2024] NSWLEC 1005 Hearing dates: 1-3 November 2023 Date of orders: 16 January 2024 Decision date: 16 January 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application (DA22/0926) for the demolition of existing structures and the construction of a 58 place child care centre with parking for 14 vehicles and ancillary works, at 246 Carpenter Street, St Marys, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits 1, 2, 5, 6, 8, 9 and 13 are returned and the remaining exhibits are retained. Catchwords: APPEAL – development application – centre based child care facility in residential area – compatibility with the character of the local area – compliance with setback controls for predominant land use – amenity of lower ground level indoor play areas Legislation Cited: Education and Care Services National Regulations 2011, reg 110 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 ss 24, 38 Penrith Local Environmental Plan 2010, cll 4.3, 4.4, 7.4, 7.30 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, 3.26 Cases Cited: Acorp Developments Pty Ltd v Council of the City of Ryde [2022] NSWLEC 1028 Basevski v City of Ryde Council [2022] NSWLEC 1387 Davies v Penrith City Council [2013] NSWLEC 1141 Entrepreneur Enterprises Pty Ltd v Lane Cove Municipal Council [2023] NSWLEC 1323 Project Venture Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Salanitro-Chafei v Ashfield Council [2005] NSWLEC 366 Veloshin v Randwick Council [2007] NSWLEC 428 Texts Cited: Australian Building Codes Board, National Construction Code, 2022 Australian Uniform Building Regulations Co-ordinating Council, Building Code of Australia, 1988 NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Penrith Development Control Plan 2014 Category: Principal judgment Parties: Carpenter Street Centre Pty Ltd as trustee for The Carpenter Street Centre Trust (Applicant) Penrith City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) N Hammond (Respondent)