Kabalan v Georges River Council [2024] NSWLEC 1687

Kabalan v Georges River Council [2024] NSWLEC 1687

The additional traffic and safety impact caused by the proposed childcare centre is minor, within the environmental capacity of Bailey Parade, and does not warrant refusal. Sightlines from the proposed driveway are acceptable according to standards. The site is suitable for the development, and all issues raised by the Council, including acoustic impacts and site suitability, are not established and do not warrant refusal. Consent for the development application should be granted subject to conditions.

Parties
Applicant: Hassan Kabalan; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
30 October 2024
Procedural Posture
Appeal / Final Determination
Outcome
Appeal upheld; development application granted
Legal Topics
Development Application, Child Care Centre, Traffic Impact, Site Suitability, Acoustic Impacts, Pedestrian Safety
Planning and Environment Development Application Child Care Centre Traffic Impact Site Suitability Acoustic Impacts Pedestrian Safety

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Parties

Hassan Kabalan

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal / Final Determination

Legal Issues

  1. 1 Whether the proposed development will have unacceptable traffic and safety impacts
  2. 2 Whether sightlines from the driveway exit are adequate
  3. 3 Whether the site is suitable for a centre-based child care facility

Ratio Decidendi

The additional traffic and safety impact caused by the proposed childcare centre is minor, within the environmental capacity of Bailey Parade, and does not warrant refusal. Sightlines from the proposed driveway are acceptable according to standards. The site is suitable for the development, and all issues raised by the Council, including acoustic impacts and site suitability, are not established and do not warrant refusal. Consent for the development application should be granted subject to conditions.

Court Disposition

Appeal upheld; development application granted

Orders

  • The appeal is upheld.
  • Development application DA2021/0192 for demolition of existing structures and construction of a 2 storey 56 place childcare centre with basement parking at 31 and 33 Bailey Parade, Peakhurst, is determined by the grant of consent subject to the conditions in Annexure A.