Guo v Parramatta City Council

Land and Environment Court

New South Wales

Medium Neutral Citation:

Guo v Parramatta City Council [2020] NSWLEC 1311

Hearing dates:

18-19 and 22 June 2020

Date of orders:

21 July 2020

Decision date:

21 July 2020

Jurisdiction:

Class 1

Before:

Horton C

Decision:

The Court orders that:

(1) The Applicant is granted leave to amend the application and rely upon those amendments contained in, and arising from, the Exhibit S sketch subject to the Applicant paying the Respondent’s costs thrown away as a result of the amendment as agreed or assessed in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979.

(2)   The appeal is upheld.

(3)   Development consent is granted for Development Application No. DA/745/2018 for site consolidation, demolition works, tree removal and construction of a 53 place child care centre with basement car parking at 21-23 Norfolk Road, Epping, subject to conditions of consent in Annexure ‘A’.

(4)   All Exhibits are returned except for Exhibits R, S, T and W.

Catchwords:

DEVELOPMENT APPLICATION – Centre-based child care in R2 Low Density Residential zone – East Epping Heritage Conservation Area – flood planning – consideration of public submissions

Legislation Cited:

Education and Care Services National Regulations

Environmental Planning and Assessment Act 1979

Hornsby Local Environmental Plan 2013

State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017

Cases Cited:

Cachia v Manly Council (No 2) [2009] NSWLEC 1107

Coshott v Woollahra Council [1996] NSW LEC 256

Futurespace Pty Ltd v Ku-ring-gai Council (2009) 169 LGERA 45; [2009] NSWLEC 153

New Century Developments Pty Limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154

Texts Cited:

Hornsby Development Control Plan 2013

Land and Environment Court, ‘COVID-19 Pandemic Arrangements Policy’

NSW Child Care Planning Guideline 2017

NSW Environment Protection Authority, Noise Policy for Industrial

Category:

Principal judgment

Parties:

Ya Xin Anna Guo (Applicant)
Parramatta City Council (Respondent)

Representation:

Counsel:
A Hemmings (Applicant)
A Seton (Solicitor) (Respondent)

Solicitors:
Apex Planning & Environment Law (Applicant)
Marsdens Law Group (Respondent)

File Number(s):

2019/43140

Publication restriction:

No

Judgment

1. COMMISSIONER: This is an appeal under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act), against the refusal by the Parramatta Local Planning Panel on behalf of Parramatta City Council (the Respondent) of Development Application No. DA/745/2018 (the application) for the site consolidation, demolition works, tree removal and construction of a 53 place child care centre with basement car parking at 21-23 Norfolk Road, Epping (the site).

2. On 17 March 2020, the Applicant was granted leave to amend the development application and rely upon amended plans and documents. The amendments resulting from the amended plans may be summarised as follows:

• Revised architectural design providing a 7m separation between the retained structure and new work

• Increased number of trees retained

• Increased setbacks from rear to outdoor play area;

• Reduced encroachment into the front setback;

• Revised acoustic treatment and landscape details.

3. At the commencement of the hearing, the Applicant sought leave to further amend the application…