Selim v Strathfield Municipal Council [2024] NSWLEC 1662

Land and Environment Court New South Wales

Medium Neutral Citation: Selim v Strathfield Municipal Council [2024] NSWLEC 1662 Hearing dates: Conciliation conference held on 22 August 2024 Date of orders: 22 October 2024 Decision date: 22 October 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment to the development application, as agreed or assessed, such amount to be paid within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Application No DA 2023.99 as amended for alterations and additions to existing childcare centre to increase the capacity of the childcare centre by an additional 10 children to a total capacity of 58 children, and extension of operating hours to include Saturdays from 8:00am to 5:00pm for 10 children on the first floor addition only, at 6 Torrington Road, Strathfield, 2135, legally known as Lot A1 in DP 368736, is determined by the grant of development consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.46, 8.15, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Strathfield Local Environmental Plan 2012, cll 2.2, 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, Ch 3, ss 3.22, 3.23, 3.25 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Strathfield Community Participation Plan 2019 Strathfield Consolidated Development Control Plan 2005 Category: Principal judgment Parties: Sheriff Selim (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: J Smith (Applicant) M Harker (Respondent)