White v City of Ryde Council [2024] NSWLEC 1313

Land and Environment Court New South Wales

Medium Neutral Citation: White v City of Ryde Council [2024] NSWLEC 1313 Hearing dates: Conciliation Conference on 28 May 2024 Date of orders: 11 June 2024 Decision date: 11 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application LDA2021/0445 for the construction and operation of a part 2/part 3 level centre-based child care facility catering for up to 48 children serviced by 11 on-site car parking spaces and associated landscaping and stormwater management works, at Lot 10 DP 7159 known as 5 Aeolus Avenue, Ryde is determined by the grant of consent subject to the conditions contained in the annexure marked A. (3) The Applicant is to pay the respondent's costs thrown away as a result of the amendment pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $5,000. Catchwords: DEVELOPMENT APPEAL – child care facility – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss Pt 4, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Local Land Services Act 2013, s 60O Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Ryde Local Environmental Plan 2014, Sch 5, cll 4.4, 5.10, 6.2 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, Pts 1, 2, 3, 4, 5, 6, 7 State Environmental Planning Policy (Exempt & Complying Development Codes) 2008, Pt 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, Pts 3.1, 3.2, 3.3, 3.4, 3.5, 3.6, 3.7, s 3.23 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 NSW Department of Urban Affairs and Planning, Managing Land Contamination, August 1998 Practice Note – Class 1 Development Appeals Category: Principal judgment Parties: Nigel White (Applicant) City of Ryde Council (Respondent) Representation: Counsel: S Berveling (Applicant) M Chillari (Solicitor)(Respondent)