Vella v Penrith City Council [2019] NSWLEC 1247

Land and Environment Court New South Wales

Medium Neutral Citation: Vella v Penrith City Council [2019] NSWLEC 1247 Hearing dates: 2 May 2019 Date of orders: 05 June 2019 Decision date: 05 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The orders of the Court are as follows: (1) The appeal is dismissed. (2) Development Application 18/0332 to construct a 45 place child care centre, with basement parking at Lot 332 DP 1175094, also known as 68 Cadda Ridge Drive, Caddens is refused. (3) The exhibits, except for Exhibits 1, 3, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION – 45 place child care centre – adequacy of outdoor play space for child development – noise impact Legislation Cited: Children (Education and Care Service) National Law (NSW) Education and Care Services National Regulations 2018 Environmental Planning and Assessment Act 1979 Penrith Local Environment Plan 2010 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Texts Cited: Australian Children's Education and Care Quality Authority Guide to the National Quality Standard 2017 Child Care Planning Guidelines 2017 Penrith Development Control Plan 2014 Category: Principal judgment Parties: Jesse James Vella (Applicant) Penrith City Council (First Respondent) Department of Education, Early Childhood Education Directorate (Second Respondent) Representation: Solicitors: S Kondilios, Hall & Wilcox (Applicant) C Drury, Sparke Helmore (First Respondent) M Peatman, Hunt & Hunt Lawyers (Second Respondent) File Number(s): 2018/273859 Publication restriction: No