Kabalan v Georges River Council [2024] NSWLEC 1687

Land and Environment Court New South Wales

Medium Neutral Citation: Kabalan v Georges River Council [2024] NSWLEC 1687 Hearing dates: 26-27 September 2024 Date of orders: 30 October 2024 Decision date: 30 October 2024 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) The development application (DA2021/0192) for the demolition of the existing structures and construction of a 2 storey 56 place childcare centre with basement parking at 31 and 33 Bailey Parade, Peakhurst, is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits A-D and 7-8 are retained, the remaining exhibits are returned. Catchwords: APPEAL – development application – centre-based child care facility – traffic and safety impacts – sightlines – site suitability Legislation Cited: Environmental Planning and Assessment Act 1979, s 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021 cl 1.8A Hurstville Local Environmental Plan 2012, cl 6.7 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 5, 23, 25 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) Amendment 2021, Sch 5 cl 3 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9 cl 1(5), Sch 12 Cases Cited: HP Subsidiary Pty Ltd v City of Parramatta Council [2020] NSWLEC 135 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Texts Cited: Australian Standard AS2890.1 – 2004 NSW Department of Planning and Environment, Child Care Planning Guideline, 2017 Hurstville Development Control Plan No 1 Guide to Traffic Generating Developments 2002 Category: Principal judgment Parties: Hassan Kabalan (Applicant) Georges River Council (Respondent) Representation: Counsel: C Koikas (Applicant) A Pearman (Respondent)