Marmak Holdings Pty Limited v Georges River Council [2026] NSWLEC 1299
Before: Porter C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPEAL – centre-based child care centre – conciliation conference – agreement between the parties – 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 that are thrown away as a result of amending the Development Application in the agreed amount of $1,000.00 to be paid within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development Application DA2024/0514 for the demolition of the existing sheds, alterations and additions to the child care centre and construction of a new outdoor play area at 43-45 Trafalgar Street, Peakhurst is determined by the grant of consent subject to conditions contained in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 Georges River Local Environmental Plan 2021, cll 2.3, 2.7, 4.3, 4.4, 6.2, 6.3, 6.9, 6.12. State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 3.22, 3.23, 3.26 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~12k words
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