Daher v Penrith City Council [2024] NSWLEC 1527

Land and Environment Court New South Wales

Medium Neutral Citation: Daher v Penrith City Council [2024] NSWLEC 1527 Hearing dates: 8, 9 and 25 April 2024 Date of orders: 28 August 2024 Decision date: 28 August 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development application number 22/1148, as amended, for the demolition of existing structures, vegetation removal and construction of a two storey child care facility for 50 children over basement parking at 23 Barker Street Cambridge Park NSW 2747, is determined by the grant of development consent subject to the conditions at Annexure A. (3) The exhibits are returned, except for Exhibits A, B, C, L and 1. Catchwords: DEVELOPMENT APPLICATION – centre based child care – stormwater – streetscape – character - landscaping Legislation Cited: Environmental Planning and Assessment Act 1979, ss 3.13, 4.15, 8.7 Environmental Planning and Assessment Regulation 2021 Penrith Local Environmental Plan 2010, cll 1.2, 2.3, 2.7, 4.3, 4.4, 5.21, 7.1, 7.4, 7.7, 7.30 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, Pt 3.3, ss 3.22, 3.23, 3.25, 3.26, 3.27 Cases Cited: Carpenter Street Centre Pty Ltd atf The Carpenter Street Centre Trust v Penrith City Council [2024] NSWLEC 1005 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Child Care Planning Guideline 2021 Education and Care Services National Regulations 2011 NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Penrith City Council Stormwater Drainage Guidelines for Building Developments 2020 Penrith Development Control Plan 2014 Category: Principal judgment Parties: Nassar Daher (First Applicant) Zalfa Daher (Second Applicant) Penrith City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) J McKelvey (Respondent)