FLDC Architects v City of Canada Bay Council [2019] NSWLEC 1188

Land and Environment Court New South Wales

Medium Neutral Citation: FLDC Architects v City of Canada Bay Council [2019] NSWLEC 1188 Hearing dates: 14-15 March 2019 Date of orders: 26 April 2019 Decision date: 26 April 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The orders of the Court are:

(1) The appeal is dismissed. (2) Development consent to 2016/0516 for a child care centre at 41 Brays Road, Concord is refused. (3) The exhibits are returned except Exhibits 2, A and B. Catchwords: DEVELOPMENT APPLICATION: child care facility – visual impact – overdevelopment Legislation Cited: Canada Bay Local Environmental Plan 2013 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Texts Cited: Canada Bay Development Control Plan 2017 Child Care Planning Guideline Category: Principal judgment Parties: FLDC Architects (Applicant) City of Canada Bay Council (Respondent) Representation: Solicitors: M Driscoll, BCP Lawyers and Consultants (Applicant) S Kondilios, Hall and Wilcox (Respondent) File Number(s): 2018/99472 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal under the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 ('EPA Act') against the refusal by Canada Bay Council ('Council') of Development Application 2016/0516 for a child care centre at 41 Brays Road, Concord ('site').