Eboli v Penrith City Council [2024] NSWLEC 1320

Land and Environment Court New South Wales

Medium Neutral Citation: Eboli v Penrith City Council [2024] NSWLEC 1320 Hearing dates: 4-6 March 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Development application DA22/0435 for demolition of existing structures, vegetation removal, site consolidation and construction of a new centre-based child care facility with a capacity of 80 children, including basement car parking for 20 vehicles at 29 and 31 Marsden Road, St Marys NSW 2760 is determined by the grant of consent, subject to conditions of consent at Annexure A. (3) All Exhibits are returned, except for Exhibits E, F, J, K, and W. Catchwords: DEVELOPMENT APPLICATION – Centre-based child care facility in R2 Low Density Residential zone Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 40 Environmental Planning and Assessment Regulation 2021, s 38 Penrith Local Environmental Plan 2010, cll 7.4, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 2.6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.25 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd [2018] NSWCA 245 Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Basevski v City of Ryde Council [2022] NSWLEC 1387 Carpenter Street Centre Pty Ltd atf The Carpenter Street Centre Trust v Penrith City Council [2024] NSWLEC 1005 Force Way Group Pty Limited v city of Parramatta Council [2021] NSWLEC 1024 Hoxton Park Residents Action Group Inc v Liverpool City Council [2011] NSWCA 349 Raland Constructions Pty Ltd v Hunters Hill Council [2021] NSWLEC 1535 Texts Cited: Australasian Association of Acoustic Consultants, Guideline for Child Care Centre Acoustic Assessment, Penrith Development Control Plan 2014 NSW Department of Planning, Industry and Environment, Child Care Planning Guidelines, September 2021 National Construction Code Category: Principal judgment Parties: Fiorentino Eboli (Applicant) Penrith City Council (Respondent) Representation: Counsel: J Reid (Applicant) T To (Respondent)