La Land Pty Ltd v Fairfield City Council [2025] NSWLEC 1077

Land and Environment Court New South Wales

Medium Neutral Citation: La Land Pty Ltd v Fairfield City Council [2025] NSWLEC 1077 Hearing dates: 29 January 2025 Date of orders: 13 February 2025 Decision date: 13 February 2025 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld (3) Development application 190.1/2023 for the demolition of existing structures and construction of a two (2) storey childcare centre accommodating sixty-eight (68) children and nine (9) educators, above one level of basement carparking accommodating sixteen (16) vehicles, site works and landscaping is determined by the grant of consent subject to the conditions in Annexure A. (4) The Exhibits are returned with the exception of Exhibit 1, 9, O and Q. Catchwords: DEVELOPMENT APPLICATION – childcare centre – amended plans and documents – contentions resolved by amendments and expert evidence – consideration of objections – appeal upheld. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environmental Court Act 1979, s 34, 39 Environmental Planning and Assessment Regulations 2021, s 23 Fairfield Local Environmental Plan 2013, cll 1.7, 4.3, 4.4A, 6.2, 6.12 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, ss 2.3, 6.1, 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Resilience and Hazard) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23, 3.26, 3.27 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153; [2009] NSWLEC 153 Texts Cited: Child Care Planning Guidelines, NSW Department of Planning, Industry and Environment, September 2021 Fairfield Development Control Plan 2013 Category: Principal judgment Parties: La Land Pty Ltd (Applicant) Fairfield City Council (Respondent) Representation: Counsel: T To (Applicant) A Seton, Solicitor (Respondent)