Khoury v Cumberland Council [2024] NSWLEC 1573

Land and Environment Court New South Wales

Medium Neutral Citation: Khoury v Cumberland Council [2024] NSWLEC 1573 Hearing dates: Conciliation conference on 6 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the sum of $1,500 to be paid within 28 days of orders being made. (2) The appeal is upheld. (3) Development Application No. DA2022/0334 for the demolition of existing structures and the construction of a 100-place centre-based childcare facility at Lots 100 and 101 in DP 5296, being Nos. 5-7 Richardson Street, Merrylands is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: APPEAL – development application - construction of a 100-place centre based child care facility – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Sch 1, Pt 2, s 23 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 Water Management Act 2000 Children (Education and Care Services) Supplementary Provisions Regulation 2012 (repealed) Cumberland Local Environmental Plan 2021, cll 2.5, 4.3, 4.4, 5.1, 5.1A, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.9, 6.10, 6.14, 6.16 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.5, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12, 6.13, 6.14, 6.60 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.3, 3.22, 3.23, 3.26 Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: Chris Khoury (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Gough (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)