Hayek v Camden Council [2014] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Hayek v Camden Council [2014] NSWLEC 1117 Hearing dates: 11, 12 February , 6 March, 27 May 2014 Decision date: 20 June 2014 Jurisdiction: Class 1 Before: Hussey C Decision: (1)The appeal is upheld. (2)Development consent is granted to DA No 235/2013 for the construction and use of a two storey child care centre for 108 children, basement car parking, acoustic fence provision, landscaping and associated site works at Lot 300 DP 1158545, No 35 Adams Circuit, Elderslie subject to the conditions in Annexure A. (3)The exhibits may be returned except 1, 2, 5, 8, H and J. (4)Pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that are thrown away as a result of the Applicant amending the development application in relation to: (a)plans dated 7/11/2013; and (b)plans dated 28/5/2014. Catchwords: Development application: Child care centre, bulk and scale, consistency with character of the area, adaptability of design, landscaping. Legislation Cited: Environmental Planning and Assessment Act 1979 Camden Local Environmental Plan 2010 SEPP No 55 - Remediation of Land Deemed SEPP No 20HawkesburyNepean River Camden Local Environmental Plan 2010; Camden Development Control Plan 2011 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Mr G Hayek (Applicant)