Tahany Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Tahany Pty Ltd v Woollahra Municipal Council [2019] NSWLEC 1008 Hearing dates: 24-26 September 2018 Date of orders: 15 January 2019 Decision date: 15 January 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that:

(1) Leave is granted to the applicant to amend development application DA 03/2017 for a child care centre at 98 Manning Road, Double Bay, in accordance with the amended plans and documents referred to in condition A2 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development consent is granted to DA 03/2017 for the change of use of the existing dwelling to a child care centre for 30 children at 98 Manning Road, Double Bay, and for alterations and additions to the existing building to accommodate the proposed use, subject to the conditions of development consent in Annexure A. (5) Exhibits 1, 2, 3, D and MFI1 and MFI2 are returned. Catchwords: APPEAL – development application – child care centre – whether unreasonable impact on traffic or parking – whether simulated outdoor play area acceptable – whether outdoor play areas adequate – restraints in utilising play areas in order to control acoustic impact - whether plan of management can be complied with Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Woollahra Local Environmental Plan 2014 Cases Cited: Kamrani Holdings Pty Ltd & Anor v Willoughby City Council [2016] NSWLEC 1146 Renaldo Plus 3 Pty Limited v Hurstville City Council [2005] NSWLEC 315 The Presbyterian Church (New South Wales) Property Trust v Woollahra Municipal Council [2014] NSWLEC 1218 Texts Cited: Austroads Guide to Traffic Management Child Care Planning Guideline National Construction Code National Quality Framework Assessment Checklist RMS Guide to Traffic Generating Developments 2002 Woollahra Development Control Plan 2015 Woollahra Muncipal Council Traffic Management Strategy (Issue C) Category: Principal judgment Parties: Tahany Pty Ltd (Applicant) Woollahra Municipal Council (Respondent) Representation: Counsel: M Staunton (Applicant)