Austech Development Group Pty Ltd v The Hills Shire Council [2024] NSWLEC 1826

Land and Environment Court New South Wales

Medium Neutral Citation: Austech Development Group Pty Ltd v The Hills Shire Council [2024] NSWLEC 1826 Hearing dates: 4 and 8 October 2024 Date of orders: 19 December 2024 Decision date: 19 December 2024 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) The Appeal is upheld. (2) That the Development Application DA 1301/2023/HA, as amended, for the construction of a Centre Based Child Care Facility with a maximum capacity of 58 children ranging from 0 to 5 years, at 29 Annabelle Crescent, Kellyville, NSW is determined by the grant of Development Consent subject to the conditions set out in Annexure A to this judgment. (3) The Exhibits, apart from Exhibits 1, C, D and F, are returned. Catchwords: DEVELOPMENT APPLICATION – Centre Based Child Care Facility – amended plans – traffic – plan of management - hearing Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, ss 34, 39 Education and Care Services National Regulations (2011 SI 653) Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 (Repealed) State Environmental Planning Policy (Resilience and Hazards) 2021, State Environmental Planning Policy (Transport and Infrastructure) 2021, cl 3.23, 3.27 The Hills Local Environmental Plan 2019, cll 4.3, 7.2 Cases Cited: Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] NSWLEC 315 Amazonia Hotels Pty Ltd v Council of City of Sydney [2014] NSWLEC 1247 Texts Cited: Child Care Planning Guideline, August 2017. The Hills Development Control Plan 2012 Category: Principal judgment Parties: Austech Development Group Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: R White (Applicant) F Berglund (Respondent)