Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1. COMMISSIONER: This appeal is about the density and design of a proposed four-five storey child care centre in a high density residential area.

2. The Applicant, Stephanie Kirovski (Kirovski) has appealed pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) Georges River Council's (Council) refusal of Development Application No. 2023/0468 (DA). The DA seeks consent for the demolition of existing structures, tree removal, construction of a four-five storey centre-based child care facility with basement parking, associated earthworks and landscaping at 8 Gover Street, Peakhurst.

3. For the reasons set out, I find that the deficient car parking, proposed use of car stackers, regimented car parking timetable and inability for cars to pass in the basement in a sensitive development such as a child care centre are indicative of a development that has sought more child care places than can be accommodated on the site. I also find that the proposed development does not provide sufficient landscaping to meet the landscaping and design excellence preconditions to consent.

Amended Application

4. At the hearing, Kirovski sought and was granted leave to amend the DA pursuant to s 39 of the Land and Environment Court Act 1979 and s 38 of the Environmental Planning and Assessment Regulation 2021. The amendment was unopposed by Council (amended DA), with the parties agreeing that the amendments were not minor and a costs order is made pursuant to s 8.15(3) of the EPA Act. The amendments are summarised as:

1) Amended Architectural Drawings prepared by BDAA Revision 6 (architectural plans).

2) Amended Landscape Plans prepared by Greenland Design Issue G (landscape plans).

3) Amended cl 4.6 written request prepared by Avenue Town Planning (written request).

4) Amended waste management plan prepared by Femme Build Revision 5.

5) Amended Plan of Management prepared by Femme Build Revision 6 (PoM).

6) Further acoustic letter prepared by Koikas Acoustics dated 9 December 2024.

5. The amendments included:

1) An overall increase in height by 400mm, including increase in floor to ceiling heights.

2) Level 2 outdoor area reduced in depth by 1m to facilitate solar access.

3) Reduction in child care places from 52 to 50.

4) Changes to gross floor area calculations and landscaping calculations.

5) Bin cleaning facilities.

6) Further details added to plans (i.e services, RL levels, bin paths).

7) Separation shown between active and passive play areas.

8) Further overshadowing diagrams.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196ae4879c421444fcca21dd)

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