Moujalli v Penrith City Council [2024] NSWLEC 1424

Land and Environment Court New South Wales

Medium Neutral Citation: Moujalli v Penrith City Council [2024] NSWLEC 1424 Hearing dates: 28 – 30 May 2024, written submissions 4, 7, 11 June 2024 Date of orders: 25 July 2024 Decision date: 25 July 2024 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development application DA23/0161 seeking consent for the demolition of existing structures and construction of a three-storey mixed use development containing a 131 place childcare centre and commercial office space over two levels of basement carparking at 55 Stafford Street, Kingswood is refused. (3) Exhibits are returned with exception of Exhibits 1, A. Catchwords: DEVELOPMENT APPLICATION – mixed use development with approval for use of ground and first floors as a childcare centre – whether, given its width, the site is suitable for the proposed development – whether the proposed development provides safe access to the basement and parking spaces - whether built form of the proposed development is incompatible with the character of the locality – insufficient landscaping and impacts on trees – whether the proposed development will have an unacceptable impact on the amenity of neighbouring residential properties – whether the internal amenity of the proposed childcare centre is acceptable -whether the development has been designed and will be constructed and operated in a sustainable manner- appeal dismissed. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, Land and Environment Court Act 1979, ss 34, 39 Penrith Local Environmental Plan 2010, cll 2.3, 4.3, 4.4, 7.4, 7.30, State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.3, 3.22, 3.23, 3.26, 3.27, Ch 3 Cases Cited: Saffioti v Kiama Municipal Council [2019] NSWLEC 57 Texts Cited: Education and Care Services National Regulations 2011 Child Care Planning Guideline 2021 Penrith Development Control Plan 2014 Australian Standard AS 2890.2-2002 Parking Facilities Part 2: Off-Street commercial vehicle facilities Category: Principal judgment Parties: Christopher Moujalli (Applicant) Penrith City Council (Respondent) Representation: Counsel: C Koikas (Applicant) R O'Gorman-Hughes (Respondent)