Singh v Tamworth Regional Council [2024] NSWLEC 1333

Land and Environment Court New South Wales

Medium Neutral Citation: Singh v Tamworth Regional Council [2024] NSWLEC 1333 Hearing dates: Conciliation Conference 11 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Appeal is upheld. (2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) Development Application No. DA2022-0547 for the lot amalgamation and the subdivision of land to create proposed Lot 1 and Lot 2, demolition of existing buildings and structures on proposed Lot 1 and Lot 2, tree removal, and the construction of a 100 place, two storey centre-based childcare facility with 25 car spaces, landscaping and civil works on proposed Lot 1 on land legally described as Lots 52, 53, 54, 55, and 56 in Deposited Plan 2356 and Lot 1 in Deposited Plan 44204 and known as 7-9 Gorman Street, North Tamworth, NSW, 2340, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.23 Tamworth Regional Local Environmental Plan 2010, cll 2.6, 2.7, 4.1 Education and Care Services National Regulations Texts Cited: Tamworth Regional Council Community Participation Plan 2019 Child Care Planning Guidelines Category: Principal judgment Parties: Chandni Singh (First Applicant) Rajender Singh (Second Applicant) Tamworth Regional Council (Respondent) Representation: Counsel: M Staunton (Applicant) B Dyer (Solicitor)(Respondent)