Antoniou v Bayside Council [2018] NSWLEC 1584

Land and Environment Court New South Wales

Medium Neutral Citation: Antoniou v Bayside Council [2018] NSWLEC 1584 Hearing dates: 27 – 28 September 2018 Date of orders: 13 November 2018 Decision date: 13 November 2018 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are: (1) Leave is granted to rely on amended plans. (2) The appeal is upheld. (3) Development Application DA-2017/325 for the demolition of existing structures on site and construction of a new two-storey child care centre for 50 children is approved, subject to the conditions of consent at Annexure A. (4) The exhibits are returned with the exception of Exhibits 1, 3, 5, A, B, E, G and L. Catchwords: DEVELOPMENT APPLICATION: Child care centre – to what extent current development consent is a matter for consideration – streetscape character – above ground outdoor space – large balconies and FSR controls – proportion of places for under two year old children Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rockdale Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Abrams v The Council of the City of Sydney (No 2) [2018] NSWLEC 85 George Antiniou v Bayside Council [2017] NSWLEC 1464 Kamenev v Woollahra Municipal Council (No 2) [2018] NSWLEC 1228 Kinloch v Newcastle City Council [2016] NSWLEC 109 MLC Properties v Camden Council [1997] NSWLEC 130; (1997) 96 LGERA 52 Oxford Number 1 Pty Ltd v Rockdale City Council [2016] NSWLEC 1245 Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 Tuite v Wingecarribee Shire Council (No 2) [2008] NSWLEC 321 Zhang v Canterbury City Council [2001] NSWCA 167 Texts Cited: Child Care Planning Guideline National Quality Framework Assessment Checklist Rockdale Development Control Plan 2011 Category: Principal judgment Parties: George Antoniou (Applicant) Bayside Council (Respondent) Representation: Counsel: J Doyle (Applicant)