Liu v Bayside Council [2024] NSWLEC 1796

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Bayside Council [2024] NSWLEC 1796 Hearing dates: Conciliation conference 6 December 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) The Applicant is to pay the Respondent's costs thrown away by reason of the amendment of Development Application DA-2023/244 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) Development Application DA-2023/244, as amended, for the demolition of all existing structures, removal of three (3) trees and the construction of a single storey centre-based child care facility operating 7am-6pm, Monday to Friday, with capacity for 114 children, 19 educator staff and three (3) additional staff with basement parking with 17 car parking spaces (11 staff spaces and 6 visitor spaces) and 15 bicycle parking spaces, landscaping and site works at 19-21 Barnsbury Grove, Bexley North, is determined by the grant of consent subject to the conditions of consent in Annexure A. Catchwords: DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Bayside Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 6.3, 6.11 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.122, 3.22, 3.23 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 Category: Principal judgment Parties: Angela Liu (First Applicant) Qing Chen Liu (Second Applicant) Bayside Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)