Glenfield 1 Pty Ltd v Campbelltown City Council [2024] NSWLEC 1373

Land and Environment Court New South Wales

Medium Neutral Citation: Glenfield 1 Pty Ltd v Campbelltown City Council [2024] NSWLEC 1373 Hearing dates: Conciliation conference 8 May 2024 Date of orders: 10 July 2024 Decision date: 10 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to file the amended Development Application as listed at [6] in the judgment. (2) The Applicant is to pay the Respondent's costs thrown away as a result of the amended Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $4,500 within 21 days of the date of the order. (3) The appeal is upheld. (4) Development Application No 2758/2023/DA-C, for the demolition of existing structures, amalgamation of lots, and construction of a child care centre for 120 children above basement parking for 30 vehicles and associated site and landscape works on land legally described as Lot 9 and Lot 10 in Deposited Plan 243781 and known as 18-20 Bougainville Road, Glenfield, NSW 2167, is determined by the grant of development consent subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition works and construction of centre based child care centre for 120 children – conciliation conference – amended plans and documents – agreement reached between the parties – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979 s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021 ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 3.23, 3.26 Campbelltown Local Environmental Plan 2015, ss 2.7, 4.1C, 4.3, 4.4, 6.2, 6.3, 7.1, 7.4, 7.10, Pt 6 Texts Cited: Campbelltown (Sustainable City) Development Control Plan 2015 NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Glenfield 1 Pty Ltd (Applicant) Campbelltown City Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) J Corradini-Bird (Solicitor)(Respondent)