Dram Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1445

Land and Environment Court New South Wales

Medium Neutral Citation: Dram Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1445 Hearing dates: 3 July 2017 Date of orders: 22 August 2017 Decision date: 22 August 2017 Jurisdiction: Class 1 Before: Brown C and Bish C Decision: 1. The appeal is dismissed. 2. Development Application No. 151382 for the demolition of all existing improvements and the construction of a new childcare centre for 141 children at 1-5 View Street, Miranda is refused. 3. The exhibits are returned with the exception of exhibits 1 and A. Catchwords: DEVELOPMENT APPLICATION: demolition of all existing residential buildings and the construction of a two storey child care centre building for 141 children – inconsistency with zone objectives and character of the area - traffic and parking impacts – impact on residential amenity - inappropriate setting for a large scale child care centre – resident concerns Legislation Cited: Draft State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Draft Sutherland Shire Development Control Plan 2015 Environmental Planning and Assessment Act 1979 Sutherland Shire Development Control Plan 2005 Sutherland Shire Local Environmental Plan 2015 Category: Principal judgment Parties: Dram Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr M Staunton (Respondent)