Bolic v Penrith City Council [2025] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Bolic v Penrith City Council [2025] NSWLEC 1008 Hearing dates: 22 and 23 October 2024 Date of orders: 10 January 2025 Decision date: 10 January 2025 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders that: (1) The appeal is upheld. (2) That Development Application DA23/0013, as amended, for the construction of a Centre Based Child Care Facility with a maximum capacity of 62 children, ranging from 0 to 5 years, at 2 Coowarra Drive, St Clair, 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 A, E, G, H, J, K, N and 8, are returned. Catchwords: DEVELOPMENT APPLICATION – Centre Based Child Care Facility – amended plans – local and streetscape character– easement – hours of usage – hearing Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Education and Care Services National Regulations (2011 SI 653) (NSW) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.23, 3.27 Penrith Local Environmental Plan 2010, cll 4.3, 7.1, 7.4, 7.6, 7.7, 7.30 Cases Cited: Carpenter Street Centre Pty Ltd atf The Carpenter Street Centre Trust v Penrith City Council [2024] NSWLEC 1005 Project Venture Developments Pty Ltd V Pittwater Council [2005] NSWLEC 191 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline (September 2021) Penrith Development Control Plan 2014 Category: Principal judgment Parties: Sally Bolic (Applicant) Penrith City Council (Respondent) Representation: Counsel: A Gough (Solicitor)(Applicant) M Harker (Respondent)