Commitment Pty Ltd v Georges River Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Commitment Pty Ltd v Georges River Council [2021] NSWLEC 1428

Hearing dates:

26 and 27 April 2021

Date of orders:

27 July 2021

Decision date:

27 July 2021

Jurisdiction:

Class 1

Before:

Chilcott C

Decision:

The Court orders:

(1) The appeal is dismissed;

(2) Development Application DA2020/0050 seeking consent for demolition of existing structures and construction of a 60 place child care centre at 36 Chamberlain Street, Narwee, is determined by way of refusal;

(3) The exhibits are returned, with the exception of Exhibits C, D and 1.

Catchwords:

DEVELOPMENT APPLICATION – child care centre – whether proposed passing bay on access driveway is acceptable – whether streetscape of Proposed Development is compatible with local area – Proposed Development unable to satisfy considerations in Childcare Planning Guideline

Legislation Cited:

Environmental Planning and Assessment Act 1979, s 4.15, s 8.7

Environmental Planning and Assessment Regulation 2000, cll 49(1), 77

Hurstville Local Environmental Plan 2012

Land and Environment Court Act 1979

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23, 25, 26

Cases Cited:

Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191

Texts Cited:

Australian Standard 2890.1:2004

Draft Georges River Local Environmental Plan 2020

Draft Georges River Local Environmental Plan 2021

Hurstville Development Control Plan 1 2012

Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021)

NSW Department of Planning, Childcare Planning Guideline 2017

Category:

Principal judgment

Parties:

Commitment Pty Ltd (Applicant)
Georges River Council (Respondent)

Representation:

Counsel:
S Berveling (Applicant)
J Hewitt (Solicitor) (Respondent)

Solicitors:
Bartier Perry (Applicant)
HWL Ebsworth (Respondent)

File Number(s):

2020/222588

Publication restriction:

No

Judgment

1. COMMISSIONER: Commitment Pty Ltd (the Applicant) has appealed the refusal by Georges River Council of its development application DA2020/0050, made with owners’ consent, seeking approval for demolition of existing structures and construction of a 60 place child care centre with basement car parking (the Proposed Development) at 36 Chamberlain Street, Narwee (the Subject Site).

2. The Applicant’s appeal comes to the Court pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (the EP&A Act), and they are determined pursuant to the provisions of s 4.16 of the EP&A Act.

3. On 24 March 2021 the Applicant was granted leave to rely on amended plans on the basis of which the Proposed Development now includes:

1. demolition of existing structures on the Subject Site;

2. removal of vegetation on the Subject Site;

3. construction of a 60 place child care centre with:

1. 52 places for children aged 3-6 years old;

2. eight (8) places for children aged 0-2 years old;

3. three (3) internal playrooms; and

4. three (3) outdoor play areas;

4. basement car parking for nine (9) vehicles, with access from Chamberlain Street and with an upper passing bay located in part on Council land between the vehicle cross over and the boundary of the Subject Site;

5. hours of operation between 7am and 6pm.

4. The Subject Site is…