Mabella Park Pty Ltd v Burwood Council [2025] NSWLEC 1021

Land and Environment Court New South Wales

Medium Neutral Citation: Mabella Park Pty Ltd v Burwood Council [2025] NSWLEC 1021 Hearing dates: Conciliation conference 8 November 2024 Date of orders: 21 January 2025 Decision date: 21 January 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No DA2023.65, as amended, for the consolidation of three lots into one lot, the demolition of a dwelling and all associated structures, the demolition of three existing shops (excluding western facades) and conversion into one commercial tenancy (with upper level workshop), construction of two storey mixed use development comprising two basement levels with one basement commercial tenancy, and a centre-based child care facility accommodating 60 children with associated landscaping on the land at 40-44 Claremont Road, Burwood Heights is determined by the grant of consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – mixed use – 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 Land and Environment Court Act 1979, s 34 Burwood Local Environmental Plan 2012, cll 2.3, 2.7, 4.3, 4.4, 4.6, 5.10 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Category: Principal judgment Parties: Mabella Park Pty Ltd (Applicant) Burwood Council (Respondent) Representation: Counsel: T Poisel (Applicant) J Corradini-Bird (Solicitor) (Respondent)