Elassal v Sutherland Shire Council [2012] NSWLEC 1349

Land and Environment Court New South Wales

Medium Neutral Citation: Elassal v Sutherland Shire Council [2012] NSWLEC 1349 Hearing dates: 11 December 2012 Decision date: 19 December 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: DEVELOPMENT APPLICATION: Childcare centre with Play and Party facilities Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 1 - Development Standards Sutherland Shire Local Environmental Plan 2006 Category: Principal judgment Parties: Ray Elassal (Applicant) Sutherland Shire Council (Respondent) Representation: Mr C Gough (Applicant) (Solicitor) Ms J Amy (Respondent) (Solicitor) Solicitors Storey & Gough (Applicant) Sutherland Shire Council (Respondent) File Number(s): 10903 of 2012

Judgment 1COMMISSIONER: This appeal, made under s 97 of the Environmental Planning and Assessment Act 1979 (the Act), is against Sutherland Shire Council's deemed refusal of a development application DA12/0525 for alterations and additions to an existing factory to create a child care centre and play/party area. The site is Lot 9 DP 228921, 105 Cawarra Road Caringbah. 2The proposed development includes: * Reconfiguration of internal and external walls of an existing factory. * Provision of 37 parking spaces; 17 at the front or Cawarra Road entrance, and 20 at the rear of the premises off Sindone Place. Staff/management parking will be in the rear carpark. * Construction of rooms, facilities and play areas (both indoor and outdoor) to enable the operation of a child care centre for 60 children (from ages 0-6) and 19 staff members between the hours of 7 am - 6 pm Monday to Friday; * Construction of rooms and facilities for the operation of a Children's Play and Party Centre to be co-located but independently operated with the ground floor level of the child care premises; * The Play/Party Centre will accommodate up to 30 children during the week between 9 am and 4.30 pm. * On weekends, the Play/Party Centre will cater for a maximum of 60 children between the hours of 9.30 am - 8.00 pm. The space is to be pre-booked and all activities are to be held indoors. All patrons' parking will be confined to the front of the building. * Installation of landscaping as well as structures for flood mitigation and acoustic purposes.