Australia, May 30 -- New South Wales Land and Environment Court issued text of the following judgement on April 30:

1. This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) by the applicant against the respondent's refusal of the applicant's Development Application No. DA-535/2024 (Development Application) seeking consent for the demolition of existing structures, tree removal and construction of a two-storey childcare centre with capacity for 80 children on land legally described as Lot 100 in Deposited Plan 1215533 and Lot 13 in Deposited Plan 15217 and known as 22-24 Milton Street, Bankstown (Subject Land).

2. The Court has power to dispose of these proceedings under its Class 1 jurisdiction pursuant to s 17(d) of the Land and Environment Court Act 1979 (LEC Act).

The Development Application

3. The Development Application was lodged with the respondent on 12 June 2024.

4. The Development Application was publicly notified between 26 June and 16 July 2024.

5. On 17 September 2024, the Development Application was refused.

6. On 23 September 2024, the applicant commenced proceedings in relation to the refusal of the Development Application, being within the appeal period prescribed by s 8.10 of the EPA Act.

7. The Court arranged a conciliation conference under s 34 of the LEC Act between the parties, which was held on 10 March 2025 and adjourned on one occasion.

8. During the conciliation process, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties.

9. Further amended plans and documents were filed with the Court on 9 April 2025 (cited at [40(1)]). The amendments include:

1) reconfiguration and relocation of internal play areas;

2) amendment of outdoor play areas;

3) amendment of fire egress from stairs to a ramp;

4) updated architectural and landscaping plans;

5) updated plan of management;

6) updated environmental noise impact assessment;

7) updated parking and traffic impact assessment; and

8) provision of a flood risk management report,

(Amended Development Application).

10. The decision agreed upon by the parties is for the grant of consent to the Amended Development Application, subject to conditions of consent. The signed agreement is supported by an agreed jurisdictional statement.

11. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1967ac5342077373d96b202e)

Disclaimer: Curated by HT Syndication.