LZ 26 Pty Ltd v Hunters Hill Council

[2022] NSWLEC 1496

Land and Environment Court

New South Wales

Medium Neutral Citation:

LZ 26 Pty Ltd v Hunters Hill Council [2022] NSWLEC 1496

Hearing dates:

Conciliation conference on 13 and 25 July 2022

Date of orders:

15 September 2022

Decision date:

15 September 2022

Jurisdiction:

Class 1

Before:

Harding AC

Decision:

The Court Orders that:

(1) The Appeal is upheld.

(2) The Modification Application to the Court, pursuant to s.4.55(8) of the Environmental Planning and Assessment Act 1979, seeking to modify the development consent granted by the Court on 21 February 2020 to Development Application No. 2019-1002 in Land and Environment Court Proceedings No. 2019/89953, is approved. The modification application, to vary the hours of outdoor play for the children within the childcare centre, at 32 Ryde Road, Hunters Hill (Lot 1 in DP 845479), is modified as set out in Annexure “A” to this judgment.

(3) The Development Consent to Development Application No. 2019-1002, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure “B” to this judgment.

Catchwords:

MODIFICATION APPLICATION – Childcare Centre – conciliation conference – agreement between the parties – orders.

Legislation Cited:

Environmental Planning and Assessment Act 1979,
ss 4.55(2), 4.55(8)
Land and Environment Court Act 1979, s 34
Education and Care Services National Regulations (2011) regs 107, 108
Hunters Hill Local Environmental Plan 2021
State Environmental Planning Policy (Transport and Infrastructure SEPP) 2021
State Environmental Planning Policy (Resilience and Hazards) 2021

Texts Cited:

Hunters Hill Council Community Participation Plan

NSW Department of Planning and Environment, Child Care Planning Guidelines (August 2017)

Category:

Principal judgment

Parties:

LZ 26 Pty Ltd (Applicant)
Hunters Hill Council (Respondent)

Representation:

Counsel:
M Staunton (Applicant)
J Cole (Solicitor)(Respondent)

Solicitors:
Swaab (Applicant)
HWL Ebsworth Lawyers (Respondent)

File Number(s):

2022/76728

Publication restriction:

No

Judgment

1. COMMISSIONER: These proceedings relate to an application to modify Development Consent No. 2019–1002 granted by the Land and Environment Court (proceedings 2019/89953) on 21 February 2020. The modification application (the application) is made pursuant to s 4.55(2) of the Environmental Planning and Assessment Act 1979 (EPA Act). The application was made directly to the Court pursuant to s 4.55(8) of the EPA Act by LZ 26 Pty Ltd (the applicant) with the consent of the owner of the land.

2. The Court arranged a conciliation conference between the parties pursuant to s 34 of the Land and Environment Court Act 1979 (the LEC Act). This was held on 13 and 25 July 2022. At the conciliation conference, the parties reached an agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

3. The application sought approval to increase the hours of outdoor play for the children within the centre from 7am to 6pm, subject to restrictions. The amended application now seeks approval to increase the hours of outdoor play for the children within the centre from 8.30am to 4.30pm, subject to restrictions. The Plan of Management has been amended to reflect the current application. The…