Sooch v Sutherland Shire Council [2014] NSWLEC 1207

Land and Environment Court New South Wales

Medium Neutral Citation: Sooch v Sutherland Shire Council [2014] NSWLEC 1207 Hearing dates: 25 August 2014 Decision date: 11 September 2014 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions Catchwords: DEVELOPMENT APPLICATION: Childcare centre; parking and traffic; landscaping 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 Cases Cited: Maguire v Sutherland Shire Council (1.)Furia Pty Ltd v Sutherland Shire Council (2.) [2013] NSWLEC 1115 Category: Principal judgment Parties: Palvinder Sooch (Applicant) Sutherland Shire Council (Respondent) Representation: Applicant: Ms C Rose (Solicitor) Respondent: Ms J Amy (Solicitor) Applicant: Maddocks Lawyers Respondent: Sutherland Shire Council File Number(s): 10039 of 2014

Judgment 1COMMISSIONER: The applicant appeals Sutherland Shire Council's refusal of Development Application DA13/0919 for alterations and additions to an existing dwelling to create a childcare centre at 106 Toronto Parade Sutherland (the site). 2The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). 3The proposed development comprises: * Alterations and additions to an existing dwelling; * Demolition of an existing garage; * Construction of a car park with 7 spaces, including 1 access space; * Provision for an additional driveway; * Associated indoor and outdoor play areas; * Landscaping; and * Change of use to a childcare centre. 4Council refused the application on the basis of: * Non-compliance with the development standard for landscaped area; * The State Environmental Planning Policy No 1 - Development Standards (SEPP 1) objection for landscaped area is not well founded; * Unacceptable impacts on the streetscape due to the removal of a large Camphor Laurel; inadequate opportunities for replacement tree planting, proposed parking area and extent of hardstand; signage; fencing. * Traffic and pedestrian safety issues; * Inadequate on-site parking; * Unacceptable air quality given the site's location close to a main road and associated potential health risks; * Inadequate information in regards to air quality, acoustic fencing and traffic sight line analysis; and * Matters raised by objectors. 5The matter commenced as a conciliation conference under s 34 of the Land and Environment Court Act 1979. However, as the parties could not reach agreement on a number of issues, the conciliation was terminated and the matter proceeded to an on-site hearing. In the intervening period, in an effort to address a number of council's concerns, the applicant amended the proposal and plans. 6The changes include: a reduction in the number of children from 36 to 28 comprising 8 x 2-3 year olds and 20 x 3-6 year olds; provision of 7 parking spaces; an increase in landscaped area from 38% to 40%; and changes to the layout and location of play spaces. In response to these changes, the council prepared an Amended Statement of Facts and Contentions. The matters to be determined relate to: * Landscaping * Parking, traffic and pedestrian safety 7The issue of unacceptable air quality has been resolved by deletion of one play area and an agreed condition of consent regarding ongoing air quality management and monitoring. Streetscape issues have been resolved to council's satisfaction by the amended landscape plan and the deletion of a play area. Similarly, signage and fencing concerns have been resolved.