Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143

Land and Environment Court New South Wales

Medium Neutral Citation: Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Hearing dates: 18 to 20 July 2017, 16 October 2017 Date of orders: 08 November 2017 Decision date: 31 October 2017 Jurisdiction: Class 1 Before: Robson J Decision: See [116] Catchwords: APPEAL – development consent – whether or not consent should be granted for development of a childcare centre – area zoned low density residential – use as a child care centre is permissible – relevant traffic, acoustic, geotechnical and town planning impacts – whether the impacts can be appropriately managed through conditions of consent Legislation Cited: Children (Education and Care Services National Law Application) Act 2010 Environmental Planning and Assessment Act 1979 (NSW), s 79C,97 Education and Care Services National Regulations Ku-ring-gai Development Control Plan 2016 (NSW) Ku-ring-gai Local Environmental Plan 2015 (NSW) State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: BGP Properties Pty Limited v Lake Macquarie City Council [2004] NSWLEC 399; (2004) 138 LGERA 237 Maygood Australia Pty Ltd v Willoughby City Council [2013] NSWLEC 142 Super Studio v Waverley Council [2004] NSWLEC 91; (2004) 133 LGERA 363 Telstra Corporation Limited v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Category: Principal judgment Parties: Omid Mohebati-Arani (Applicant) Ku-ring-gai Council (First Respondent) The Loyal Henry Community Association Inc (Second Respondent) Representation: Counsel: T To (18, 19, 20 July) and A Knox, solicitor (16 October) (Applicant) J P Merlino, solicitor (First Respondent) J Johnson (18, 19, 20 July) and C Gough, solicitor (16 October) (Second Respondent)