NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Yuan v Bayside Council [2024] NSWLEC 1782 Hearing dates: 6 and 7 November 2024 Date of orders: 04 December 2024 Decision date: 04 December 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to DA/2023/343 for the construction of a two (2) storey centre based child care facility for 90 children with semi-basement parking for 14 spaces, bicycle parking, landscaping and site works at 1-3 Oriental Street, Bexley (Lots 36 & 37 in DP 5216) subject to the conditions contained at Annexure A. (3) Exhibits A, B, C, K, L, M, N, O are retained, and all other exhibits are returned. Catchwords: APPEAL – development application – centre based childcare centre with basement parking – acoustic conditions – background noise levels Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Bayside Local Environmental Plan 2021, cll 4.3, 4.4, 6.1, 6.2, 6.3, 6.11 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Regulation 2021, s 23 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 2.7, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure 2021), ss 2.48, 3.22, 3.23 Cases Cited: Basevski v City of Ryde Council [2022] NSWLEC 1387 Northrose Pty Ltd v Willoughby City Council [2021] NSWLEC 1409 Talhany Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1008 Eboli v Penrith City Council [2024] NSWLEC 1320 Texts Cited: Childcare Planning Guideline 2021 Association of Australasian Acoustical Consultants Guideline for Child Care Centre Acoustic Assessment NSW Environment Protection Authority Noise Policy for Industry 2017 Category: Principal judgment Parties: Peter Yuan (Applicant) Bayside Council (Respondent) Representation: Counsel: M Wright SC (Applicant) A Seton (Solicitor) (Respondent)
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