Archian Pty Ltd v City of Parramatta Council [2024] NSWLEC 1432

Land and Environment Court New South Wales

Medium Neutral Citation: Archian Pty Ltd v City of Parramatta Council [2024] NSWLEC 1432 Hearing dates: 10 April 2024 Date of orders: 26 July 2024 Decision date: 26 July 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application 416/2022 for tree removal and construction of an 80 place centre-based child care facility with basement carparking at 52 Essex Street, Epping legally described as Lot 2 in DP 305839 subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – contentions resolved - consent order hearing – objection by neighbours – traffic impact - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Education and Care Services National Regulations, reg 25 Hornsby Local Environment Plan 2013, Sch 5, Pts 1, 2, cll 4.3, 4.4, 5.10, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazard) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 3.23 Cases Cited: Jonah Pty Limited v Pittwater Council [2006] NSWLEC 99, 144 LGERA 408 Texts Cited: Childcare Planning Guideline 2021 Hornsby Development Control Plan 2013 National Construction Code 2022 Category: Principal judgment Parties: Archian Pty Ltd ABN 13 661 674 719 (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: N Hammond (Applicant) C Campbell (Solicitor)(Respondent)