ArtMade Architectural Pty Ltd v Willoughby City Council [2018] NSWLEC 1022

Land and Environment Court New South Wales

Medium Neutral Citation: ArtMade Architectural Pty Ltd v Willoughby City Council [2018] NSWLEC 1022 Hearing dates: 23-25 October 2017 Date of orders: 23 January 2018 Decision date: 23 January 2018 Jurisdiction: Class 1 Before: Smithson C Decision: 1. The appeal is upheld. 2. Development application DA-2016/263 for demolition of existing structures and construction of a child care centre with associated works at 1 and 1A Walter Street and 452-460 Willoughby Road, Willoughby is approved subject to the conditions set out in Annexure "A". 3. The exhibits are returned other than Exhibits 1, C and G. Catchwords: DEVELOPMENT APPLICATION: Child care centre; design quality; overdevelopment; setbacks; amenity for neighbours; streetscape impacts; landscaping; design of play areas; compatibility with surrounding residential development; impact of altering intersection on neighbours; resident objections; public interest; evacuation considerations; applicability of child care SEPP and Guideline; disputed conditions of consent Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Children (Education and Care Services National Law Application) Act 2010 Education and Care Services National Regulation Willoughby Local Environmental Plan 2012 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Maygood Australia Pty Ltd v. Willoughby City Council [2013] NSWLEC 142 Omid Mohebati-Arani v Ku-ring-gai Council [2017] NSWLEC 143 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Texts Cited: Willoughby Development Control Plan 2006 Child Care Planning Guideline 2017 Category: Principal judgment Parties: ArtMade Architectural Pty Ltd (Applicant) Willoughby City Council (Respondent) Representation: Counsel: G Staunton (Applicant) T To (Respondent)