Kids Club Early Childhood Learning v Leichhardt Council

Land and Environment Court New South Wales Medium Neutral Citation: Kids Club Early Childhood Learning v Leichhardt Council [2015] NSWLEC 1211 Hearing dates:5 and 7 May 2015Date of orders: 15 June 2015 Decision date: 15 June 2015 Jurisdiction:Class 1Before: Tuor C Decision: Directions at paragraph 42 Catchwords: DEVELOPMENT APPLICATION: alterations and additions to convert an existing building into a child care centre. Amenity of internal and external space and adequacy of car parking. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Children (Education and Care Services) National Law NSW No 104a Education and Childcare Services National Regulations Leichhardt Local Environmental Plan 201 Category:Principal judgmentParties: Kids Club Early Childhood Learning (Applicant) Leichhardt Council (Respondent) Representation: Counsel: Mr A Galasso SC (Applicant) Solicitors: Mr G McKee of McKees Legal Solutions (Applicant) Mr M Bonanno of Leichhardt Council (Respondent) File Number(s):10711 of 2014Judgment This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Leichhardt Council (council) of a development application (DA/2014/299) for alterations and additions to convert an existing building into a childcare centre at 6-8 Waterloo Street, Rozelle (site). The key issues in dispute between the parties are whether the proposed centre provides adequate amenity and parking spaces. Site and locality The site is located on the western side of Waterloo Street, near its intersection with Darling Street. It is generally rectangular in shape with an area of approximately 709.2sqm. The site is developed...