Furia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1409

Land and Environment Court New South Wales

Medium Neutral Citation: Furia Pty Ltd v Sutherland Shire Council [2019] NSWLEC 1409 Hearing dates: 6-7 August 2019 Date of orders: 02 September 2019 Decision date: 02 September 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that:

(1) The appeal is upheld.

(2) The application MA17/0558 to modify the development consent DA12/0673 granted by the Land and Environment Court on 2 July 2013 in proceedings 10227 of 2013 for a child care facility at 168 National Avenue, Loftus, by increasing the number of children from 36 to 48, is granted.

(3) As a consequence of order (2), development consent DA12/0673 for a child care facility at 168 National Avenue, Loftus, is now subject to the consolidated, modified conditions of development consent set out in Annexure A.

(4) The exhibits are returned, except for Exhibits B, C, D, E, G, J, 9 and 10. Catchwords: APPEAL – child care centre – modification of consent granted by the Court – increase in number of children – reliance on on-street parking – whether on-street parking causes adverse amenity impacts to neighbouring residents Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Sutherland Shire Local Environmental Plan 2015 Cases Cited: Dram Pty Ltd v Sutherland Shire Council [2017] NSWLEC 1445 Maguire v Sutherland Shire Council; Furia Pty Ltd v Sutherland Shire Council [2013] NSWLEC 1115 Texts Cited: Child Care Planning Guideline RMS Guide to Traffic Generating Developments (2002) Sutherland Shire Development Control Plan 2015 Category: Principal judgment Parties: Furia Pty Ltd (Applicant) Sutherland Shire Council (Respondent) Representation: Counsel: M Astill (Applicant) M Seymour (Respondent)