Creative Drafting Services v City of Parramatta Council [2019] NSWLEC 1413

Land and Environment Court New South Wales

Medium Neutral Citation: Creative Drafting Services v City of Parramatta Council [2019] NSWLEC 1413 Hearing dates: 27-29 May 2019; 27 June 2019; 27 July 2019; 29 July 2019; Final conditions filed 27 August 2019 Date of orders: 04 September 2019 Decision date: 04 September 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The Court orders that: (1) Leave is granted to the applicant to rely upon amended plans. (2) The applicant is to pay the costs of the respondent thrown away as a result of amending the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is dismissed. (4) Development Application No. DA 855/2017 for a centre-based child care facility at 24 Carnarvon Street, Silverwater is refused. (5) The Exhibits are returned other than Exhibits A, C and 1. Catchwords: DEVELOPMENT APPLICATION – Child care centre – location on main road and busy intersection – risks to children's health – air quality impacts – dispute on risk assessment acceptability – acoustic impacts – use of simulated outdoor play areas in lieu of outdoor play areas – Regulatory Authority refuses concurrence – Infrastructure SEPP tests to be met – compatibility with surrounding industrial development – evacuation considerations – disputed conditions of consent Legislation Cited: Auburn Local Environmental Plan 2010 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Children (Education and Care Services National Law Application) Act 2010 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Education and Care Services National Regulations State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Infrastructure) 2007 Cases Cited: Antoine Street Holdings Pty Ltd v Parramatta City Council [2019] NSW LEC 1317 BSDI Pty Ltd v Manly Council [2009] NSWLEC 1067 Chahda v Liverpool City Council [2018] NSWLEC 1371 Lu Projects v Fairfield City Council [2019] NSW LEC 1021 Texts Cited: Auburn Development Control Plan 2010 Australian Acoustic Consultants Guidelines for Child Care Centre Acoustic Assessment Building Code of Australia Child Care Planning Guideline 2017 Development Near Rail Corridors and Busy Roads – Interim Guideline Category: Principal judgment Parties: Creative Drafting Services (Applicant) City of Parramatta Council (Respondent) Representation: Counsel: Dr J Smith (Applicant) N Eastman (Respondent)