Antoniou v Georges River Council [2017] NSWLEC 1570

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniou v Georges River Council [2017] NSWLEC 1570 Hearing dates: 23 August 2017 and 6 September 2017 Date of orders: 10 October 2017 Decision date: 10 October 2017 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders:

1. Leave is granted to rely on amended plans tendered to the Court on 6 September 2017 as Exhibit D. 2. The appeal is upheld. 3. Development Application No. 16/0314 for demolition of existing structures and construction of a two storey child care centre for 40 children at Lot 3 DP 15582, also known as 25 Old Forest Road, Lugarno, NSW is approved subject to conditions provided in Annexure A. 4. The Exhibits, except Exhibits 1 and D, are returned. Catchwords: DEVELOPMENT APPLICATION: child care centre; variation to FSR; Foreshore Scenic Protection Area; acoustic fence. Legislation Cited: Education and Care Services National Regulations 2016 Environmental Planning and Assessment Act 1979 Hurstville Local Environmental Plan 2015 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Haralambis Management Pty Ltd v Council of the City of Sydney [2013] NSWLEC 1009 Schaffer Corporation v Hawkesbury City Council [1992] 77 LGRA 21 Texts Cited: Child Care Planning Guideline. Delivering quality child care for NSW, 2017. Guideline for Child Care Centre Acoustic Assessment, Association of Australia Acoustical Consultants, 2013. Category: Principal judgment Parties: George Antoniou (Applicant) Georges River Council (Respondent) Representation: Counsel: Mr Doyle, Barrister (Applicant) Ms Reid, Barrister (Respondent)