Montessori Academy Group Developments Pty Ltd v Penrith City Council [2024] NSWLEC 1447

Land and Environment Court New South Wales

Medium Neutral Citation: Montessori Academy Group Developments Pty Ltd v Penrith City Council [2024] NSWLEC 1447 Hearing dates: Conciliation conference on 4 and 26 April 2024, 3, 10 and 15 May 2024 Date of orders: 30 July 2024 Decision date: 30 July 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA23/0076 as amended for the clearing of the site and tree removal, and construction of a two-storey centre based child care facility with basement parking, drainage, and landscaping on land legally described as Lot 10 DP1224143, at 72 Park Avenue, Kingswood, NSW, 2747 is approved subject to the conditions included in Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7, Sch 1 Div 2 cl 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011, regs 107,108 Environmental Planning and Assessment Regulation 2021, s 38 Penrith Local Environmental Plan 2010, cll 2.2, 2.3, 2.7, 4.3, 7.1, 7.4, 7.7, 7.30 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6 State Environmental Planning Policy (Industry and Employment) 2021, Ch 3, Sch 5 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, ss 4.19, 4.22 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, ss 2.48, 2.98, 2.120, 2.122, Ch 3, ss 3.22, 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Penrith Development Control Plan 2014 Category: Principal judgment Parties: Montessori Academy Group Developments Pty Ltd (Applicant) Penrith City Council (Respondent) Representation: Counsel: M Staunton (Applicant) J McKelvey (Respondent)