Artmade Architectural Pty Ltd trading as Artmade Architects v Burwood Council [2019] NSWLEC 1648

Land and Environment Court New South Wales

Medium Neutral Citation: Artmade Architectural Pty Ltd trading as Artmade Architects v Burwood Council [2019] NSWLEC 1648 Hearing dates: 9 December 2019 Date of orders: 31 December 2019 Decision date: 31 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to rely upon amended plans marked Exhibit C and Exhibit D. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 2018/90 for the construction of a two-storey building to operate as a centre-based child care facility to accommodate 84 children, and basement carpark to accommodate 21 vehicles at 12 Minna Street, Burwood, subject to conditions at Annexure A. (4) All Exhibits are returned, except for Exhibits A, C, D, E, J and 11. Catchwords: DEVELOPMENT APPEAL – centre based childcare facility – acoustic amenity in residential neighbourhood – traffic impacts in R2 Low Density Residential zone – public interest – resident submissions Legislation Cited: Burwood Local Environmental Plan 2012 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2007 State Environmental Planning Policy No 55 – Remediation of Land Cases Cited: New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: Burwood Development Control Plan 2013 Child Care Planning Guidelines Environmental Protection Authority Road Noise Policy RMS Guide to Traffic Generating Developments (2002) Category: Principal judgment Parties: Artmade Architectural Pty Ltd trading as Artmade Architects (Applicant) Burwood Council (Respondent) Representation: Counsel: P Larkin SC (Applicant) T To (Respondent)