Appin Holdings Pty Ltd v Wollondilly Shire Council [2024] NSWLEC 1678

Land and Environment Court New South Wales

Medium Neutral Citation: Appin Holdings Pty Ltd v Wollondilly Shire Council [2024] NSWLEC 1678 Hearing dates: Conciliation conference on 21 October 2024 Date of orders: 25 October 2024 Decision date: 25 October 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders: (1) The Applicant is granted leave to file the Amended Development Application referred to in [8]. (2) The Appeal is upheld. (3) The Applicant is to pay the Respondent's costs pursuant to s.8.15(3) of the Environmental Planning and Assessment Act NSW 1979 as agreed or as assessed. (4) Development Application No. DA/2023/1172/1, as amended, for the demolition of existing structures, removal of identified trees, and construction of a part 2 storey part 3 storey 92 place centre-based child care facility over a basement level car park containing 23 car parking spaces, on land legally described as Lot 1 in DP193968 and known as 6 Macquariedale Road, Appin NSW, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: APPEAL – development application – centre-based child care facility – conciliation conference – agreement reached – orders made Legislation Cited: Coal Mine Subsidence Compensation Act 2017, ss 21, 22 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Sydney Water Act 1994, s 78 Environmental Planning and Assessment Regulation 2021 ss 27, 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, ss 6.6, 6.7, 6.9 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.48, 3.22, 3.23 Wollondilly Local Environmental Plan 2011, cll 4.3, 7.1, 7.5 Texts Cited: Child Care Planning Guideline 2021 Category: Principal judgment Parties: Appin Holdings Pty Ltd (Applicant) Wollondilly Shire Council (Respondent) Representation: Counsel: T To (Applicant) A Hemmings (Respondent)