Rupani v Ku-ring-gai Council [2024] NSWLEC 1569

Land and Environment Court New South Wales

Medium Neutral Citation: Rupani v Ku-ring-gai Council [2024] NSWLEC 1569 Hearing dates: Hearing and conciliation conference on 27 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $30,000 in full and final settlement of this order and the Court's s 8.15(3) costs order made on 28 May 2024. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA162/23 for the construction of a 90-place childcare centre with basement parking and associated works on Lot 4 DP 1263889 and Lot 1 DP 1263889, known as 113 Junction Road and 160 Eastern Road, Wahroonga, subject to the conditions contained in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – child care centre – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.3 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Regulations 2021, s 38 Ku-ring-gai Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 6.1, 6.2, 6.3, 6.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.7, 6.8, 6.9, 6.10 Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, Pt 3.3 Texts Cited: Ku-ring-gai Council Community Participation Plan 2020 Department of Planning Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Sumeet Rupani (First Applicant) Honey Rupani (Second Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: M Staunton (First and Second Applicants) A Stafford (Respondent)