Arquero Architects Pty Ltd v Georges River Council [2024] NSWLEC 1808

Land and Environment Court New South Wales

Medium Neutral Citation: Arquero Architects Pty Ltd v Georges River Council [2024] NSWLEC 1808 Hearing dates: Conciliation conference on 14 November 2024 Date of orders: 17 December 2024 Decision date: 17 December 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No DA2023/0492 for lot amalgamation and construction of a 2 storey 88 place centre-based child care facility with 22 car parking spaces within a basement, associated landscaping and site works at 319-321 Rocky Point Road, Sans Souci (Lots 5 & 6 DP 4277) is determined by the grant of consent subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – centre based child care centre – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Georges River Local Environmental Plan 2021, cll 2.7, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.3, 6.9, 6.12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, s 2.6, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.9, 6.10, 6.11 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 2.48, 3.22, 3.23 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Arquero Architects Pty Ltd (Applicant) Georges River Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) R O'Gorman-Hughes (Respondent)