Australian Childcare Solutions v Orange City Council [2018] NSWLEC 93

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Childcare Solutions v Orange City Council [2018] NSWLEC 93 Hearing dates: 14 June 2018 Date of orders: 20 June 2018 Decision date: 20 June 2018 Jurisdiction: Class 1 Before: Preston CJ Decision: (1) The appeal is dismissed. (2) The applicant is to pay the respondent's costs of the appeal. Catchwords: APPEAL – appeal against Commissioner's decision on questions of law – refusal of development consent for childcare centre – whether Commissioner misdirected herself and asked the wrong question in construing provisions of development control plan – whether Commissioner substituted her own test for the test in development control plan – Commissioner did not err on question of law in construing and applying development control plan Legislation Cited: Environmental Planning and Assessment Act 1979 s 79C(1) Land and Environment Court Act 1979 s 56A(1) Cases Cited: Australian Childcare Solutions Pty Ltd v Orange City Council [2017] NSWLEC 1737 Schaffer Corporation Ltd v Hawkesbury City Council (1992) 77 LGRA 21 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Category: Principal judgment Parties: Australian Childcare Solutions (Applicant) Orange City Council (Respondent) Representation: Counsel: Mr CJ Leggat SC (Applicant) Ms J Walker (Respondent)

Solicitors: Holding Redlich Lawyers (Applicant) Maddocks Lawyers (Respondent) File Number(s): 2018/52835 Publication restriction: Nil Decision under appeal Court or tribunal: Land and Environment Court of NSW Jurisdiction: Class 1 Citation: [2017] NSWLEC 1737 Date of Decision: 21 December 2017 Before: Martin SC File Number(s): 2017/248500