Antoine Street Holdings Pty Ltd v Parramatta City Council [2019] NSWLEC 1317

Land and Environment Court New South Wales

Medium Neutral Citation: Antoine Street Holdings Pty Ltd v Parramatta City Council [2019] NSWLEC 1317 Hearing dates: 13 – 15 March 2019; 29 April 2019 Date of orders: 09 July 2019 Decision date: 09 July 2019 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The appeal is dismissed. (2) The exhibits are returned except for Exhibits 1 and L. Catchwords: DEVELOPMENT APPLICATION – childcare centre – retro fit of partly constructed shop top housing development – suitability of the site for a childcare centre – acoustic impacts on adjoining residential uses – location of childcare playroom above existing subfloor OSD system Legislation Cited: Children (Education and Care services) Supplementary Provisions Regulation 2012 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta 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 Lenland Property Developments Pty Limited v Council of the City of Sydney [2013] NSWLEC 1060 MLC Properties v Camden Council (1997) 96 LGERA 52; [1979] NSWLEC 130 Stockland Developments Pty Ltd v Wollongong Council (2004) 139 LGERA 374; [2004] NSWLEC 470 Texts Cited: Association of Australasian Acoustical Consultants Guidelines Childcare Planning Guidelines Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Antoine Street Holdings Pty Ltd (Applicant) Parramatta City Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Nash (Respondent)