Nada v Georges River Council (formerly Hurstville City Council) [2016] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Nada v Georges River Council (formerly Hurstville City Council) [2016] NSWLEC 1302 Hearing dates: 4-5 June and 6 July, 2015, 11 and 26 April 2016 Date of orders: 21 July 2016 Decision date: 21 July 2016 Jurisdiction: Class 1 Before: O'Neill C Decision: 1. The appeal is upheld. 2. Development Application No. 2014/0928 for the demolition of existing structures and the construction of a childcare centre for 37 children at 45 Ogilvy Street, Peakhurst is approved, subject to the conditions of consent at Annexure A. 3. The exhibits, other than exhibits 2, 6, 11, 10, A, D, K, N, W, X and Y, are returned. Catchwords: DEVELOPMENT APPLICATION: childcare centre for 37 children; appearance and colour scheme; acoustic impacts; number of car parking spaces provided on-site; adequacy of landscaping and outdoor play areas; stormwater disposal. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Emad and Eva Nada (Applicant) Hurstville City Council (Respondent) Representation: Counsel: Mr S. Kondilios solicitor (Applicant) Dr S. Berveling barrister (Respondent)

Solicitors: Hall & Wilcox Lawyers (Applicant) HWL Ebsworth Lawyers (Respondent) File Number(s): 2016/167898 (formerly 11040 of 2014)

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No. 2014/0928 for the demolition of existing structures and the construction of a childcare centre for 37 children and 7 staff, with 8 car parking spaces (the proposal), at 45 Ogilvy Street, Peakhurst (the site), by Hurstville City Council (the Council). 2. The appeal was subject to mandatory conciliation on 19 February, 2015, in accordance with the provisions of s 34 of the Land and Environment Court Act 1979 (LEC Act). As agreement was not reached during the conciliation phase, the conciliation conference was terminated on 24 March, 2015, pursuant to s 34(4) of the LEC Act.