Liu v Council of the City of Ryde

Land and Environment Court New South Wales Medium Neutral Citation: Liu v Council of the City of Ryde [2016] NSWLEC 1521 Hearing dates:7 October 2016Date of orders: 11 October 2016 Decision date: 11 October 2016 Jurisdiction:Class 1Before: Dixon C Decision: See Paragraph [72] Catchwords: APPEAL – Development consent – childcare centre –loss of existing residential amenity- increased traffic and noise Legislation Cited: Environmental Planning and Assessment Act 1979 Ryde Local Environmental Plan 2014 Ryde Development Control Plan 2014 Category:Principal judgmentParties: Tian Yong Liu (Applicant) Council of the City of Ryde (Respondent) Representation: Solicitors: Ms R. McCulloch, Pikes & Verekers Lawyers (Applicant) Mr P. Kapetas, Council of the City of Ryde (Respondent) File Number(s):2016/00159370Publication restriction:NoTABLE OF CONTENTSex tempore JudgmentThe ProposalConsent OrdersThe objectorsThe SiteStatutory controlsThe Council’s positionOperational plan of managementBereavement centreNational Quality Framework (ACECQA)Acoustic evidenceTrafficWaste storageContaminationLandscapingSignageCONCLUSIONOrdersex tempore Judgment This judgment concerns a development application, DA 2016/0047 (the DA), for the construction of a 48-place childcare centre at 12 Hollis Avenue, Denistone East (the Site). The Proposal The Proposal includes the demolition of the existing dwelling on the Site and the erection of a new two-storey development. The ground floor is to contain the indoor play spaces, bathrooms, cot rooms and storage areas, and the first floor is to contain the staff room, office, and laundry and kitchen facilities for the centre. The rear setback area is to include the outdoor play area for the children. The development has been set back into the Site to facilitate car parking for 11 cars accessed...