Crawford Education Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1388

Land and Environment Court New South Wales

Medium Neutral Citation: Crawford Education Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1388 Hearing dates: 14 -15 May 2019; 7 June 2019 Date of orders: 05 September 2019 Decision date: 20 August 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent DA0639/17 is granted for alterations and additions to the childcare centre at 2-8 Eleham Road, Lindfield, including the increase in the number of child care centre places from 70 to 175, security fencing, various external store rooms and associated landscaping works, subject to the conditions of consent in Annexure A. Catchwords: APPEAL – development application – child care centre – increase in number of children from 70 to 175 – increase in parking demand – whether parking demand can be accommodated – cross-fall gradient – potential for conflict in parking demands arising from adjoining uses – dispute on conditions of consent – surrender of earlier consents – amendment of earlier consents – consolidation of lots – requirement for accessibility for existing lift – update to Plan of Management Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan (Local Centres) 2012 Roads Act 1993 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Secretary, Department of Planning and Environment v Leda Manorstead Pty Ltd (No 4) [2019] NSWLEC 58 Texts Cited: AS2890.1 Australian/New Zealand Standard for Parking Facilities Child Care Planning Guideline Ku-ring-gai Development Control Plan 2016 Roads and Maritime Services, Trip Generation Surveys Child Care Centres (September 2015) Category: Principal judgment Parties: Crawford Education Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: A Stafford (Applicant) R O'Gormon-Hughes (Respondent)