Childcare Property Holdings Pty Ltd (ACN 106 784 132) as trustee for the Childcare Property Holdings Trust v Parramatta City Council [2019] NSWLEC 1473

Land and Environment Court New South Wales

Medium Neutral Citation: Childcare Property Holdings Pty Ltd (ACN 106 784 132) as trustee for the Childcare Property Holdings Trust v Parramatta City Council [2019] NSWLEC 1473 Hearing dates: 25, 26, 27 June and 30 July 2019; Written Submissions on 16 August 2019; 2 September 2019; 12 September 2019 Date of orders: 04 October 2019 Decision date: 04 October 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) The exhibits are returned except for Exhibits 1, 5, 13, A, B, C, H. Catchwords: DEVELOPMENT APPLICATION – centre-based childcare centre – design responsiveness to topography – impacts of privacy mitigation treatments – residential amenity – streetscape character Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: Barrak v City of Parramatta Council [2018] NSWLEC 67 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80 Wenli Wang v North Sydney Council [2018] NSWLEC 122 Texts Cited: Association of Australian Acoustic Consultants Guideline for Child Care Centre Acoustic Assessment (2013) Child Care Planning Guideline (2017) Parramatta Development Control Plan 2011 Category: Principal judgment Parties: Childcare Property Holdings Pty Ltd (ACN 106 784 132) as trustee for the Childcare Property Holdings Trust (Applicant) Parramatta City Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Nash (Respondent)