Hourigan v Cumberland Council [2024] NSWLEC 1770

Land and Environment Court New South Wales

Medium Neutral Citation: Hourigan v Cumberland Council [2024] NSWLEC 1770 Hearing dates: Conciliation Conference held on 11 November 2024 Date of orders: 29 November 2024 Decision date: 29 November 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Consent is granted to DA2023/0551 for the demolition of existing structures, the consolidation of allotments and the construction of a 90 place centre based child care facility on the land at 33 Heather Street and 157-159 Girraween Road, Girraween, subject to the conditions of consent at Annexure 'A'. (3) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the development application, in the agreed sum of $1,000 within 28 days of these Orders being made. Catchwords: DEVELOPMENT APPEAL – child care centre – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.15, 8.7, 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 Cumberland Local Environmental Plan 2021, ss 4.3, 4.4, 5.1, 5.1A, 5.10, 5.21, 6.1, 6.2, 6.3, 6.4, 6.5, 6.6, 6.7, 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 (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.25, 3.26, 3.3 Sydney Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, 6.5, 6.6, 6.7, 6.8, 6.9, 6.11, 6.12, 6.13, 6.14, 6.60 Category: Principal judgment Parties: Paul Hourigan (Applicant) Cumberland Council (Respondent) Representation: Counsel: A Seton (Solicitor)(Applicant) C McFadzean (Solicitor)(Respondent)