Kamal Deep Arora v Blacktown City Council [2017] NSWLEC 1338

Land and Environment Court New South Wales

Medium Neutral Citation: Kamal Deep Arora v Blacktown City Council [2017] NSWLEC 1338 Hearing dates: 22 June 2017 Date of orders: 26 June 2017 Decision date: 26 June 2017 Jurisdiction: Class 1 Before: Dixon C Decision: (1)Appeal upheld. (2)Development consent is granted to DA 15/02702 for construction of a single storey childcare centre accommodating 42 places, associated parking and landscaping at lots 459,460 and 461 DP 1198882 37 – 41 Barrington Street, The Ponds in accordance with the amended application in Exhibit A and the conditions of consent in Exhibit 3. (3)The exhibits are returned except Exhibits A & 3. Catchwords: APPEAL – development application for a 42 place childcare centre – proximity to existing childcare centre - variation of the 1 km distance separation control in the DCP - the acceptability of the cumulative amenity impacts of the two centres Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Draft State Environmental Planning Policy (Educational Establishment and Child Care Facilities) 2017 Blacktown City Council Growth Centre Precincts Development Control Plan 2015 Category: Principal judgment Parties: Kamal Deep Arora (Applicant) Blacktown City Council (Respondent) Representation: M Mantei (Applicant) C Dury (Respondent)

Solicitors: Michael Mantei Planning Law Solutions (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/385906 Publication restriction: No