Abi-Khattar v City of Parramatta Council [2024] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: Abi-Khattar v City of Parramatta Council [2024] NSWLEC 1601 Hearing dates: 19 August 2024 Date of orders: 27 September 2024 Decision date: 27 September 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/900/2022 for demolition, and construction of a centre based childcare facility for 60 children with basement parking for 9 staff and under croft parking for 7 visitors, subject to the conditions contained at Annexure A. (3) All exhibits are retained. Catchwords: APPEAL – development application – childcare centre – all contentions resolved Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, ss 23, 61 Parramatta Local Environmental Plan 2011, cll 4.3, 4.4, 6.1, 6.2 Parramatta Local Environmental Plan 2023, cl 1.8A State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 2.6, 2.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.25, 3.26, 3.27 Parramatta Local Environmental Plan 2011 cll 4.3, 4.4, 6.1, 6.2 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Parramatta Development Control Plan 2011 Standards Australia, AS 2601-2001, July 2001 Category: Principal judgment Parties: Albert Abi-Khattar (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) R O'Gorman–Hughes (Respondent)