Nine Fruits Pty Ltd v Rockdale City Council [2016] NSWLEC 1316

Land and Environment Court New South Wales

Medium Neutral Citation: Nine Fruits Pty Ltd v Rockdale City Council [2016] NSWLEC 1316 Hearing dates: 07 July 2016 Date of orders: 10 August 2016 Decision date: 03 August 2016 Jurisdiction: Class 1 Before: Brown C Decision: Directions for amended conditions – see par 63 Catchwords: DEVELOPMENT APPLICATION: - alterations and additions to an existing residential dwelling and change of use to a child care centre - safety impacts - traffic and parking impacts - amenity impacts Legislation Cited: Environmental Planning and Assessment Act 1979 Rockdale Local Environmental Plan 2011 Category: Principal judgment Parties: Nine Fruits Pty Ltd (Applicant) Rockdale City Council (Respondent) Representation: Counsel: Mr C Gough, solicitor Ms J McKelvey, barrister

Solicitors: Storey & Gough Lawyers Henry Davis York File Number(s): 2016/00150589 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal against the refusal of DA-2015/259 for alterations and additions to an existing residential dwelling and change of use to a child care centre at 16 Segenhoe Street, Arncliffe (the site). 2. The child care centre is proposed to cater for 50 children and nine staff operating from 7:00am to 7:00pm Monday to Friday (except public holidays). The child care centre will also employ one cleaner and one kitchen staff, however these staff will be employed for 2-3 hours on two days of the week, and the cleaner will attend the site after the centre is closed. 3. The proposal includes a total of nine off-street parking spaces. This includes two stacked staff parking spaces and one disabled parking space off Segenhoe Street. Two staff parking spaces, three visitor parking spaces and one dual use parking space are proposed at the rear of the site with access off Segenhoe Lane. Access to the centre for parents picking up and dropping off children will be from the rear carpark off Segenhoe Lane. 4. The development application is accompanied by an Operational Plan of Management (OPM) that addresses: * Overall Centre Objectives * Number of Children and Staff Indoor and Outdoor Play Areas * Hours of Operation * Basic Timetabling * Drop Off and Pick Up * On-site Security * Music * Food and Drink * Deliveries * Waste * Relevant Government Regulations and Australian Standards 1. The council maintains that the development application should be refused because it creates: * unacceptable safety impacts, * unacceptable traffic and parking impacts, and * unacceptable amenity impacts in relation to the use of Segenhoe Lane and the character and amenity of the area. 1. A number of reasons provided evidence on the site inspection and supported the concerns of the council together with the following additional concerns: * additional traffic which would exacerbate the already poor traffic created by Arncliffe Public School opposite the site, * Segenhoe Lane and Bellevue Court are unsuitable as access to the site, * safety of children attending Arncliffe Public School, and * additional noise from the operation of the child care centre.