La Luce 77 Pty Ltd v Fairfield City Council [2026] NSWLEC 1300
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – centre based childcare facility – emergency evacuation plan – orders
Catchwords
DEVELOPMENT APPEAL – centre based childcare facility – emergency evacuation plan – orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the costs of the respondent as agreed or assessed, that have been thrown away as a result of the amendment of the development application as per the documents listed at [7]. (2) The appeal is upheld. (3) Development consent is granted to development application No. 147.1/2024 for demolition of an existing dwelling, removal of trees, and construction of a two-storey childcare centre catering for one-hundred-and-six (106) children with basement parking with twenty-nine (29) car parking spaces, and associated stormwater and landscaping at 8 Laurel Street, Carramar subject to the conditions of consent in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 8.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Education and Care Services National Regulations (NSW) regs 97, 107, 108 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Fairfield Local Environmental Plan 2013, cll 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.9 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.1, 6.6, 6.7, 6.8, 6.9, 6.10, 6.11, 6.12 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 2.48, 3.23, 3.26
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Authoritative text on NSW Caselaw · ~29k words
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