Tahany Pty Limited v North Sydney Council [2024] NSWLEC 1460

Land and Environment Court New South Wales

Medium Neutral Citation: Tahany Pty Limited v North Sydney Council [2024] NSWLEC 1460 Hearing dates: Conciliation Conference 3 May, 3, 27 June, 4 July 2024 Date of orders: 01 August 2024 Decision date: 01 August 2024 Jurisdiction: Class 1 Before: Byrne AC Decision: The Court orders: (1) The appeal is upheld; (2) Development consent is granted to DA271/2023 for the reconfiguration of internal rooms and spaces and to amend Condition 13 in Development Consent No DA221/2016 to increase the number of children to 65 children, and the number of educators to 11 at the existing child care centre at 37 to 39 Murdoch Street, Cremorne, NSW 2090, subject to the conditions in Annexure A; (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application, as agreed or assessed within 28 days of the date of these Orders. Catchwords: DEVELOPMENT APPEAL – existing child care centre – minor reconfiguration for increase in numbers of children – 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 Environmental Planning and Assessment Regulation 2021, s 38 North Sydney Local Environmental Plan 2013 Category: Principal judgment Parties: Tahany Pty Limited (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Staunton (Applicant) A Seton (Solicitor)(Respondent)