Ambey Property v Cumberland Council [2024] NSWLEC 1545

Land and Environment Court New South Wales

Medium Neutral Citation: Ambey Property v Cumberland Council [2024] NSWLEC 1545 Hearing dates: Conciliation conference on 1 August 2024 Date of orders: 05 September 2024 Decision date: 05 September 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The Applicant is directed to file the amended development application the subject of Order (1) within 7 days of the date of this Order. (2) The Applicant is to pay the Respondent's costs "thrown away" as a result of the Amended Development Application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the sum of $1,200, to be paid within 28 days of judgment being delivered. (3) The appeal is upheld (4) Development Application No. 2023/0123 for the demolition of existing structures, removal of two (2) trees, construction of a 56 place centre based child care facility with associated landscaping, and stormwater drainage works on land legally described as Lot 11 in Deposited Plan 1052777 and known as 63 McArthur Street, Guildford is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – centre based child care centre - conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Cumberland Local Environmental Plan 2021, ss. 2.7, 4.3, 4.4, 5.21, 6.1, 6.2, 6.4, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48, Chapter 3, ss 3.22, 3.23 Texts Cited: Child Care Planning Guideline Education and Care Services National Regulations Category: Principal judgment Parties: Ambey Property (Applicant) Cumberland Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)