Australian Childcare Solutions Pty Ltd v Orange City Council [2017] NSWLEC 1737

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Childcare Solutions Pty Ltd v Orange City Council [2017] NSWLEC 1737 Hearing dates: 19, 20 October 2017 with further written material on 23, 27 October, and further submissions on 1, 2 November 2017 Date of orders: 21 December 2017 Decision date: 21 December 2017 Jurisdiction: Class 1 Before: Martin SC Decision: The Orders of the Court are:

(1) Leave is granted to the Applicant to rely upon Amended Architecture Plans (Exhibit D), Amended Landscape Plan (Exhibit E) and Schedule of Amendments (Exhibit F).

(2) The appeal is dismissed.

(3) Development Application No 63/2017(1) at Lot 194 DP 1007290 known as 36-40 Turner Crescent, Orange for the construction and operation of a childcare centre is determined by refusal.

(4) The Exhibits, save for Exhibits 2, 5, 6 and 8, are returned. Catchwords: DEVELOPMENT APPEAL – actual refusal - Child care centre – traffic and pedestrian safety – residential character – visual amenity – calculation and adequacy of outdoor space – size of parking area – commencement of new child care SEPP after commencement of appeal but prior to the hearing Legislation Cited: Child Care Planning Guideline (NSW) August 2017 Education and Care Services National Regulations 2016 Environmental Planning and Assessment Act 1979 Orange Development Control Plan 2004 Orange Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: Gilbank v Bloore (No 2) [2012] NSWLEC 273 Krslovic Homes Pty Ltd v Ku-ring-gai Council [2005] NSWLEC 192 The Super Studio v Waverley Council [2004] NSWLEC 91 Category: Principal judgment Parties: Australian Childcare Solutions Pty Ltd (Applicant) Orange City Council (Respondent) Representation: Counsel: Ms F Berglund (Applicant) Ms J Walker (Respondent)