JMJ Homes Pty Ltd v Cumberland Council [2024] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: JMJ Homes Pty Ltd v Cumberland Council [2024] NSWLEC 1386 Hearing dates: Conciliation conference 27 May 2024 Date of orders: 09 July 2024 Decision date: 09 July 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is directed to file the amended development application the subject of Order (3) within 7 days of the date of this Order. (2) The appeal is upheld. (3) Development consent is granted to Development Application 2023/0412, as amended, for demolition of the existing dwelling house and construction of a 124-place centre based child care facility with basement parking and associated civil and landscaping works, at 77 Smith St, Wentworthville subject to conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – centre-based child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Cumberland Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 6.2, 6.4, 6.7, 6.9 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: JMJ Homes Pty Ltd (Applicant) Cumberland Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)