Bright Beginnings v Bayside Council [2017] NSWLEC 1425

Land and Environment Court New South Wales

Medium Neutral Citation: Bright Beginnings v Bayside Council [2017] NSWLEC 1425 Hearing dates: 31 July and 1 August 2017 Date of orders: 11 August 2017 Decision date: 11 August 2017 Jurisdiction: Class 1 Before: Dickson C Decision: The orders of the Court are: 1. The applicant is granted leave to rely on amended plans; 2. No order as to costs; 3. The appeal is dismissed; 4. Development application DA/243/2016 for alterations and additions to an existing two storey building to accommodate an expanded childcare centre with capacity of 92 children at 8 Mimosa Street Bexley is refused; 5. The exhibits are returned with the exception of exhibits 1 and J. Catchwords: DEVELOPMENT APPEAL: Extensions to an existing childcare centre – traffic access and parking – amenity impacts on neighbours – overdevelopment of the site – development not suitable for the site – not in the public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Cases Cited: Landmark Group Australia Pty Ltd v Sutherland Shire Council [2016] NSWLEC 1577 GHD Danks Pty Ltd and CR Danks Pty Ltd v Council of the City of Sydney [2015] NSWLEC1521 Jonah Pty Ltd v Pittwater Council [2006]NSWLEC 99 Marinkovic v Rockdale City Council [2007] NSWLEC 71 Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 153 Cachia v Manly Council (No. 2) [2009] NSWLEC 1107 Renaldo Plus 3 Pty Ltd v Hurstville City Council [2005] Amazonia Hotels Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1247 Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Texts Cited: NSW Industrial Noise Policy Environmental Protection Authority Guideline for Child Care Centre Acoustic Assessment, Association of Australian Acoustical Consultants 2010 Category: Principal judgment Parties: Bright Beginnings Learning Centre Bexley Pty Ltd (Applicant) Bayside Council (Respondent) Representation: Counsel: Ms J Reid (Respondent) Mr A Galasso (Applicant)