Warringah Road Developments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1203

Warringah Road Developments Pty Ltd v Northern Beaches Council [2019] NSWLEC 1203

The ratio is that the development consent for a child care centre is permitted in an R2 Low Density Residential zone, the land is not contaminated, all statutory planning considerations regarding traffic, noise and air quality have been satisfied, and parties reached agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979. Consequently, Court orders grant of consent subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'child Care Centre' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['development Application' 'child Care Centre' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition works and construction of a centre-based childcare facility']

Ratio Decidendi

The ratio is that the development consent for a child care centre is permitted in an R2 Low Density Residential zone, the land is not contaminated, all statutory planning considerations regarding traffic, noise and air quality have been satisfied, and parties reached agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979. Consequently, Court orders grant of consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal be upheld.' 'Development consent be granted to DA2018/0697 for demolition works and construction of a centre-based childcare facility for a maximum of 146 children subject to the imposition of the conditions of consent set out in Annexure A.']