Liu v Council of the City of Ryde [2016] NSWLEC 1521

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v Council of the City of Ryde [2016] NSWLEC 1521 Hearing dates: 7 October 2016 Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction: Class 1 Before: Dixon C Decision: See Paragraph [72] Catchwords: APPEAL – Development consent – childcare centre –loss of existing residential amenity- increased traffic and noise Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2014 Ryde Development Control Plan 2014 Category: Principal judgment Parties: Tian Yong Liu (Applicant) Council of the City of Ryde (Respondent) Representation: Solicitors: Ms R. McCulloch, Pikes & Verekers Lawyers (Applicant) Mr P. Kapetas, Council of the City of Ryde (Respondent) File Number(s): 2016/00159370 Publication restriction: No

TABLE OF CONTENTS ex tempore Judgment The Proposal Consent Orders The objectors The Site Statutory controls The Council's position Operational plan of management Bereavement centre National Quality Framework (ACECQA) Acoustic evidence Traffic Waste storage Contamination Landscaping Signage CONCLUSION Orders

ex tempore Judgment 1. This judgment concerns a development application, DA 2016/0047 (the DA), for the construction of a 48-place childcare centre at 12 Hollis Avenue, Denistone East (the Site).

The Proposal 1. The Proposal includes the demolition of the existing dwelling on the Site and the erection of a new two-storey development. The ground floor is to contain the indoor play spaces, bathrooms, cot rooms and storage areas, and the first floor is to contain the staff room, office, and laundry and kitchen facilities for the centre. The rear setback area is to include the outdoor play area for the children. 2. The development has been set back into the Site to facilitate car parking for 11 cars accessed via a circular driveway from Hollis Avenue. 3. The proposed centre is to have seven staff and accommodate 48 children in the following age groups: * Nought to two-year-olds – eight children (two staff) * Two- to three-year-olds – 15 children (two staff) * Three- to five-year-olds – 25 children (three staff). 1. The proposed operating hours of the centre are 7.00 am to 6.00 pm, Monday to Friday.