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[2025] NSWLEC 1802
General information, not legal advice.
Land and Environment Court (NSW)
2025-11-18
Kullen AC
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: Broadstate Capital Pty Ltd v Blacktown City Council [2025] NSWLEC 1802
Hearing dates: Conciliation conference held on 22 August 2025
Date of orders: 18 November 2025
Decision date: 18 November 2025
Jurisdiction: Class 1
Before: Kullen AC
Decision: 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 have been thrown away as a result of the amendment of the development application, in the agreed amount of $1.00, and such amount is to be paid within 28 days of the date of this order.
(2) The appeal is upheld.
(3) Development Application No. DA-24-00748, as amended, for the demolition of existing structures, consolidation of 2 lots into 1, tree removal, and construction of a single storey centre-based child care facility to accommodate ninety-six (96) children over basement parking, and associated stormwater works, landscaping and acoustic barrier/fencing with houses of operation of 7AM to 6PM Monday to Friday, on land legally described as Lot 143 in DP14730 and Lot 144 in DP14730 and known as 15-17 Cross Street, Doonside NSW 2767, and 44 Graham Street, Doonside NSW, 2767, legally described as Lot 119 DP14730, is determined by the grant of development consent subject to the conditions at Annexure A.
Catchwords: DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — centre based child care facility — orders
Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW), Sch 1, Div 2, ss 4.15, 4.16, 4.17, 7, 8.7, 8.15
Land and Environment Court Act 1979 (NSW),
s 34
Blacktown Local Environmental Plan, 2015, cll 2.2, 2.3, 2.7, 4.3, 4.4, 5.10, 5.21, 7.5
Education and Care Services National Regulations 2011
Environmental Planning and Assessment Regulation 2021 (NSW), s 38
State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7, 6.8, 6.9, 6.10
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.25, 3.26
Texts Cited: Blacktown City Council, Blacktown Community Engagement Strategy and Community Participation Plan 2022-2024 (October 2022)
Blacktown City Council, Blacktown Community Engagement Strategy and Community Participation Plan 2024-2028 (November 2024)
Blacktown Development Control Plan 2015
Department of Planning, Industry and Environment, Child Care Planning Guideline (September 2021)
Category: Principal judgment
Parties: Broadstate Capital Pty Ltd (Applicant)
Blacktown City Council (Respondent)
Representation: Counsel:
J Smith (Applicant)
M Macken (Respondent)
Solicitors:
Macpherson Kelley (Applicant)
Blacktown City Council (Respondent)
File Number(s): 2025/100972
Publication restriction: Nil
COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the refusal of development application No DA-24-00748 (the DA) for the demolition of existing structures, consolidation of 2 lots into 1, tree removal, and construction of a single storey centre-based child care facility to accommodate ninety-six (96) children over basement parking, and associated stormwater works, landscaping and acoustic barrier/fencing with houses of operation of 7AM to 6PM Monday to Friday, on land legally described as Lot 143 in DP14730 and Lot 144 in DP14730 and known as 15-17 Cross Street, Doonside NSW 2767, and 44 Graham Street, Doonside NSW 2767, legally described as Lot 119 DP14730 (the site).
The DA as originally lodged with the Respondent on 13 August 2024, sought consent for the demolition of buildings, consolidation of 2 lots into 1, removal of trees and construction of a 2-storey child care centre for 96 children with basement parking on the land at 15-17 Cross Street, Doonside, NSW, 2767. The original DA did not include the land at 44 Graham Street, Doonside.
On 30 October 2024 the DA was refused by the Respondent.
On 14 March 2025, the Applicant filed an appeal in Class 1 of the Court’s jurisdiction, under s 8.7 of the EPA Act against the refusal of the DA by the Respondent.
The Respondent filed its SOFAC with the Court on 21 October 2024.
On 22 August 2025, the Court arranged a conciliation conference on site pursuant to s 34 of the Land and Environment Court Act 1979 (NSW) (LEC Act). One submission relating to the proposed drainage construction was discussed on site, although the one submitter did not attend the on-site view.
After the on-site view and discussions between the parties, the s 34 conciliation conference was adjourned a number of times, to enable the parties to explore reaching a s 34 agreement.
On 21 October 2025 the parties confirmed that they had reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties, based on amended plans (amended DA). This decision involved the Court upholding the appeal and granting development consent to the amended DA subject to conditions.
The parties advise that the s 34 agreement applies to an amended DA which includes the following:
The demolition of existing structures, and consolidation of two lots into one, and tree removal;
construction of a single storey centre-based child care facility to accommodate ninety-six (96) children over basement parking, and associated stormwater works, landscaping and acoustic barriers/fencing with hours of operation of 7AM to 6PM Monday to Friday at the site and the land adjoining the site to the north-west known as 44 Graham Street, Doonside, NSW, 2767, and legally described as Lot 119 in DP 14730; and
legal means of stormwater drainage for the site via an Easement for Drainage of Water 1m wide (Proposed Easement) on the adjoining land at 44 Graham Street, Doonside (Lot 119 DP14730).
A signed s 34 agreement with Annexure A and the amended DA as agreed between the parties were filed with the Court on 21 October 2025. Amended Plans were filed with the Court on 23 October 2025. The s 34 agreement is supported by an agreed statement of jurisdictional prerequisites provided by the parties.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the DA.
There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties have identified and explained how the jurisdictional prerequisites of relevance have been satisfied in a written submission accompanying the s 34 agreement, and those requirements have been satisfied as follows below.
The parties advise the DA was notified in accordance with the Blacktown Community Engagement Strategy and Community Participation Plan 2022-24 for a period of 15 days from 5 September 2024 until 19 September 2024. One submission was received during the notification period.
The amended DA was not re-advertised as the Respondent formed the view that the amendments to the DA did not alter its external configuration or siting, and did not change the likely impact on any affected person, in accordance with the Blacktown Community Engagement Strategy and Community Participation Plan 2024-2028, which had been adopted by the Respondent on 28 November 2024 following the notification of the original DA.
The parties advise that the DA was lodged with the Respondent on 13 August 2024 by Mr Jake Janssen of Janssen Group Pty Ltd as the Applicant’s agent with the Applicant’s landowner consent signed by Mr Chi Cui, who is the sole director of the Applicant company.
The parties further advise that the Applicant has entered into a Deed of Agreement with the owners of 44 Graham Street, Doonside who also signed the Landowner’s Consent letter dated 10 October 2025 to grant the Proposed Easement and agreeing to the carrying out of the proposed works within the Proposed Easement as part of the proposed development (refer to pars [26] – [28] below).
The Blacktown Local Environmental Plan 2015 (the LEP) is the relevant environmental planning instrument that applies to the site; and
The site is zoned R2 Low Density Residential under cl 2.2 of the LEP;
Pursuant to cl 2.3 of the LEP centre-based childcare facilities are permissible with consent in the R2 zone; and
I am satisfied that the proposed development is consistent with the objectives for development within the zone in which the development is proposed to be carried out.
Pursuant to cl 2.7 of the LEP, demolition is permissible with consent.
Pursuant to cl 4.3 of the LEP, the maximum height of buildings on the site is 9m. The parties advise that the maximum height of the proposed built form is 7.1m and therefore complies with cl 4.3(2).
Clause 4.4 of the LEP relates to floor space ratio (FSR) and does not prescribe an FSR control for the site. The parties advise that the proposed development has a FSR of less than 0.5:1 being 0.32:1 which complies with the requirements of s 3.25 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport SEPP) (refer to par [37] below).
Clause 5.10 of the LEP relates to Heritage conservation. The parties advise that the site does not contain a heritage item or an Aboriginal object or is within a heritage conservation area under cl 5.10 of the LEP.
Clause 5.21 of the LEP relates to Flood planning. The parties advise that the site is not within a flood planning area pursuant to cl 5.21(2) of the LEP.
Clause 7.5 of the LEP relates to Essential services. The Respondent is satisfied based on the site’s locality within an established urban area and the Details Survey Plan prepared by Survey Plus dated 4 November 2024 (the Detailed Survey Plan) that the supply of water and electricity and the disposal and management of sewage are available for the proposed development. The Detailed Survey Plan shows that the site is connected to existing water main and overhead electricity powerline at the site’s frontage to Cross Street, and to the underground sewer service at the rear of the site.
Clause 7.5(d) relates to stormwater drainage. The amended DA proposes legal means of stormwater drainage for the site via an Easement for Drainage of Water 1m wide (Proposed Easement) on the adjoining land at 44 Graham Street, Doonside (Lot 119 DP14730), then connecting to existing Council stormwater infrastructure on Graham Street.
The parties advise that the Applicant has entered into a Deed of Agreement with the owners of 44 Graham Street, Doonside who also signed the Landowner’s Consent letter dated 10 October 2025 to grant the Proposed Easement and agreeing to the carrying out of the proposed works within the Proposed Easement as part of the proposed development of the site.
The Respondent submits that it is satisfied that adequate arrangements have been made to make stormwater drainage and on-site conservation available for the proposed development when required.
Chapter 2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity SEPP) operates to protect the biodiversity values of trees and other vegetation in non-rural areas of NSW and to preserve the amenity of non-rural areas of NSW through the preservation of trees and other vegetation.
The parties advise that a separate permit or approval from Council or the Native Vegetation Panel under the Biodiversity SEPP is not required given clearing will be subject to a development consent that is being sought in the amended DA. It is noted that an Arboricultural Impact Assessment and Tree Management Plan prepared by Horticultural Management Services dated 26 September 2025 is included in the amended plans submitted in support of the amended DA.
Chapter 6 of the Biodiversity SEPP applies to the proposed development as the site is located within the Hawkesbury-Nepean River Catchment. Chapter 6 of the Biodiversity SEPP seeks to manage and promote integrated catchment management policies. The parties advise that:
Section 6.6 water quality and quantity – the Respondent has assessed the material submitted with the amended DA relating to stormwater and groundwater, and considers that the amended DA satisfies the requirements for neutral or beneficial effect on the quality of water entering a natural waterbody and minimised impact on water flow in a natural waterbody for the purposes of s 6.6 of the Biodiversity SEPP;
Section 6.7 aquatic ecology – the Respondent has assessed the stormwater material submitted with the amended DA satisfactorily demonstrates that the proposed development will not have any direct, indirect or cumulative adverse impact on terrestrial, aquatic or migratory animals or vegetation or aquatic reserve;
Section 6.8 flooding – the subject site is not identified as flood prone;
Section 6.9 recreation and public access – the site and the proposed development do not contain or provide any public access to and from natural waterbodies or foreshores; and
Section 6.10 total catchment management – the Respondent is satisfied that the development as proposed by the amended DA is not likely to have an adverse environmental impact for s 6.10 of the Biodiversity SEPP to apply.
Section 4.6 of State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience and Hazards SEPP) provides that a consent authority must not consent to the carrying out of any development on land unless it has considered whether the land is contaminated, and if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable after remediation) for the purpose for which the development is proposed to be carried out.
The parties advise that:
The amended DA is supported by the Detailed Site Investigation (Report No. E2420-1, Revision 0, dated 7 March 2024) prepared by Geotechnical Consultants Australia (DSI), Site Contamination Specialist Review of Detailed Site Investigation (Ref. 2410 CEnvP SCS DSI, dated 6 March 2024) by Old Maple Pty Ltd (see behind Tabs 13 and 14 of the Class 1 Application), the Remedial Action Plan (Report No. M20167, Revision 0, dated 31 July 2025) (RAP) and Hazardous Materials Survey (Report No. M20166, dated 31 July 2025) (HMS) prepared by NEO Consulting. The DSI concludes that the site can be made suitable for the Development subject to the RAP and HMS; and
The Respondent is satisfied that the site will be suitable, after remediation, for the proposed development in the amended DA. The conditions of consent provide relevant conditions 9.2, 10.2 and 13.1.4 in relation to any remediation works and hazardous finds prior to and during demolition works as well as during construction of the proposed development as proposed by the amended DA to give effect to the recommendations made by the DSI, the RAP and the HMS.
The Court is satisfied for the purposes of s 4.6 of the Resilience and Hazards SEPP that the site is suitable for the proposed development.
Chapter 3 of the Transport SEPP aims to facilitate the effective delivery of educational facilities and early education and care facilities in NSW.
Under s 3.23 of the Transport SEPP - Centre-based child care facility - matters for consideration by consent authorities, a consent authority must consider applicable provisions of the Child Care Planning Guideline 2021 (the Guideline) (at par [42] below).
The parties advise that the amended DA proposes a FSR of 0.32:1, which complies with s 3.25(1) of the Transport SEPP which provides for a minimum FSR of 0.5:1.
Section 3.26 of the Transport SEPP contains non-discretionary development standards for centre-based child care centres. The parties submit that the proposed development provides at least 3.25m2 of unencumbered indoor play space and at least 7m2 of unencumbered outdoor play space which is consistent with the indoor and outdoor unencumbered space requirements of the Education and Care Services National Regulations 2011 (the Regulations), which require 3.25m2 of unencumbered indoor play space and 7m2 of unencumbered outdoor play space.
The parties advise that:
The development as proposed by the amended DA provides, for each child being educated and cared for by the service, at least 3.25m2 of unencumbered indoor play space and at least 7m2 of unencumbered outdoor play space required by regulation 107 and 108 of the Regulations as demonstrated by Drawing No. DA020, Revision E, dated 27 August 2025; and
Compliance with Chapter 3 of the Transport SEPP is addressed in the Statement of Environmental Effects (the SEE) submitted with the DA.
The Regulations provide extensive controls and requirements in addition to that of Local Environmental Plans and Development Control Plans and includes licensing and approvals processes, including documentation requirements; facilities and equipment requirements; staffing requirements; child number requirements; operational requirements; administrative requirements; and probity check requirements.
The parties advise that compliance of the proposed development with the Regulations is assessed in the SEE.
The Guideline establishes the assessment framework to deliver consistent planning outcomes and design quality for centre-based child care facilities in NSW. Section 3.23 of the Transport SEPP requires that the consent authority must take into consideration any applicable provisions of the Guideline before determining a development application.
The parties advise that assessment of the DA against the Guideline is addressed in the SEE.
Having considered the advice of the parties provided above at [14]-[44] I am satisfied that:
The Applicant’s amended DA can be approved having regard to the matters in s 4.15(1)(b)-(e) of the EPA Act;
The jurisdictional prerequisites on which I must be satisfied before I can exercise the power under s 4.16 of the EPA Act have been satisfied; and
Approval of the proposed development is in the public interest.
Further, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.
As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.
The Court notes:
That Blacktown City Council, as the consent authority, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021, has approved the application for an amendment to Development Application DA-242-00748 made on 20 October 2025 to rely on the documents specified below:
| Drawing No. and Revision | Title | Prepared by | Date | | Architectural Plans | | 1 | Drawing No. DA001 Revision E | Cover Page | Janssen Designs | 27 August 2025 | | Drawing No. DA002 Revision E | Calculations & LEP Controls | 27 August 2025 | | Drawing No. DA003 Revision E | Site Context Plan | 27 August 2025 | | Drawing No. DA004 Revision E | Demolition Plan | 27 August 2025 | | Drawing No. DA005 Revision E | Sediment Control and Waste Management Plan | 27 August 2025 | | Drawing No. DA006 Revision E | Lot Consolidation Plan | 27 August 2025 | | Drawing No. DA007 Revision E | Site Analysis Plan | 27 August 2025 | | Drawing No. DA008 Revision E | Cut & Fill Plan | 27 August 2025 | | Drawing No. DA009 Revision E | Site Plan | 27 August 2025 | | Drawing No. DA010 Revision E | Basement Level | 27 August 2025 | | Drawing No. DA011 Revision E | Ground Floor Level | 27 August 2025 | | Drawing No. DA012 Revision E | Roof Plan | 27 August 2025 | | Drawing No. DA013 Revision E | Elevations 01 | 27 August 2025 | | Drawing No. DA014 Revision E | Elevations 02 | 27 August 2025 | | Drawing No. DA015 Revision E | Colours & Finishes Schedule | 27 August 2025 | | Drawing No. DA016 Revision E | Sections | 27 August 2025 | | Drawing No. DA017 Revision E | Perspectives | 27 August 2025 | | Drawing No. DA018 Revision E | Shadows to Adjoining Properties | 27 August 2025 | | Drawing No. DA019 Revision E | GFA Calculations | 27 August 2025 | | Drawing No. DA020 Revision E | Indoor & Outdoor Play Areas | 27 August 2025 | | Drawing No. DA021 Revision E | Deep Soil Landscape Calculations | 27 August 2025 | | Drawing No. DA022 Revision E | Outdoor Play Area Solar Access Area Plan | 27 August 2025 | | Drawing No. DA023 Revision E | Outdoor Play Area Shaded Area Plan | 27 August 2025 | | Drawing No. DA024 Revision E | Emergency Evacuation Plan | 27 August 2025 | | Drawing No. DA025 Revision E | Kitchen and Gate Details | 27 August 2025 | | Drawing No. DA026 Revision E | Acoustic Barrier Details | 27 August 2025 | | Drawing No. DA027 Revision E | Nappy Change Details | 27 August 2025 | | Drawing No. DA028 Revision E | Kids WC 01 Details | 27 August 2025 | | Drawing No. DA029 Revision E | Kids WC 02 Details | 27 August 2025 | | Drawing No. DA030 Revision E | Typical Bottle Prep & Craft Bench Detail | 27 August 2025 | | Detailed Survey Plans | | 2 | Ref: 23187_DET_1B Sheet 1 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | Survey Plus | 4 November 2024 | | Ref: 23187_DET_1B Sheet 2 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | 4 November 2024 | | Ref: 23187_DET_1B Sheet 3 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | 4 November 2024 | | Ref: 23187_DET_1B Sheet 4 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | 4 November 2024 | | Ref: 23187_DET_1B Sheet 5 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | 4 November 2024 | | Ref: 23187_DET_1B Sheet 6 of 6, Rev B | Detail Survey Plan Lot 143 & 144 DP 14730 | 4 November 2024 | | Landscape Plans | | 3 | Drawing No. DA-L101, Revision B | Landscape Plan: Ground Floor | Canvas Landscape Architects | 4 September 2025 | | Drawing No. DA-L102, Revision B | Landscape Typical Details, Proposed Plant Schedule & Maintenance Program | 4 September 2025 | | Stormwater Plans | | 4 | Drawing No. 000, Issue B | Cover Sheet Plan | Telford Civil | 1 September 2025 | | Drawing No. 101, Issue B | Stormwater Concept Plan Basement Sheet 1 of 2 | 1 September 2025 | | Drawing No. 102, Issue A | Stormwater Concept Plan Basement Sheet 2 of 2 | 19 August 2025 | | Drawing No. 103, Issue C | Stormwater Concept Plan Ground Level | 4 September 2025 | | Drawing No. 104, Issue B | Easement Plan | 1 September 2025 | | Drawing No. 105, Issue A | Longitudinal Section & Drains Results | 19 August 2025 | | Drawing No. 106, Issue A | OSC Catchment Plan | 19 August 2025 | | Drawing No. 107, Issue B | On-Site Detention Details and Calculations Sheet 1 of 2 | 1 September 2025 | | Drawing No. 108, Issue B | On-Site Detention Details and Calculations Sheet 2 of 2 | 1 September 2025 | | Drawing No. 109 | Deleted | | | Drawing No. 110, Issue B | RWT Re-Use Results | 1 September 2025 | | Drawing No. 111, Issue A | Sediment & Erosion Control Plan & Details Sheet 1 of 2 | 19 August 2025 | | Drawing No. 112, Issue A | Sediment and Erosion Control Plan & Details Sheet 2 of 2 | 19 August 2025 | | Drawing No. 113, Issue B | Miscellaneous Details Sheet | 1 September 2025 | | Traffic Swept Paths and Sightline Analysis | | 5 | Drawing Ref No. 23076-V1.10-SP Sheet No. 01 of 09 | Compliance Check Ground Floor | Genesis Traffic | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 02 of 09 | Swept Path Assessment B85 & B99 Passing at Site Entry | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 03 of 09 | Compliance Check Basement | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 04 of 09 | Swept Path Assessment Passing Provision Basement | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 05 of 09 | Swept Path Assessment B85 Turnaround Using Shared Zone Basement | 26 August 2025 | | Drawing Ref No. 23076-V1.13-SP Sheet No. 06 of 09 | Swept Path Assessment 6.4m Private Waste Truck Basement | 29 September 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 07 of 09 | Swept Path Assessment B85 and Small Car Entering and Existing Car Spaces Basement | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 08 of 09 | Compliance Check Private Waste Truck Clearance Test Ground Floor | 26 August 2025 | | Drawing Ref No. 23076-V1.10-SP Sheet No. 09 of 09 | Sight Line Assessment | 26 August 2025 | | Documents | | 6 | Development Application Checklist – Commercial and Industrial Development | Michel Chaaya | 4 September 2025 | | 7 | MUSIC-link Report | Telford Civil | 2 September 2025 | | 8 | Blacktown Council Deemed to Comply OSD Calculations Sheet (Ref: TEL24389) | Telford Civil | undated | | 9 | Noise Assessment (Report No. BA250807, Version B) | Blackett Acoustics | September 2025 | | 10 | Remedial Action Plan (Report No: M20167, Version Final, Revision 0) | NEO Consulting | 31 July 2025 | | 11 | Hazardous Materials Survey (Report No: M20166, Version Final) | NEO Consulting | 31 July 2025 | | 12 | Waste Management Statement and SOFAC Response | MRA Consulting Group | 5 September 2025 | | 13 | Waste Services Confirmation | WasteFree | Undated | | 14 | Waste & Recycling Management Services | Waste Clear | 18 August 2025 | | 15 | Traffic Assessment (Reference: 23076) | Genesis Traffic | 5 September 2025 | | 16 | Supplementary Traffic Assessment (Reference: 23076) | Genesis Traffic | 29 September 2025 | | 17 | Arboricultural Impact Assessment and Tree Management Plan (Version 7) | Horticultural Management Services | 26 September 2025 | | 18 | Plan of Management (Version 2) | - | 19 September 2025 | | 19 | Geotechnical Investigation Report (No. G25300-1-Rev B, Revision 2) | Geotechnical Consultants Australia | 10 October 2025 | | 20 | Landowner’s Consent | Emma Joy Rees and Mathew David Rees | 10 October 2025 |
The Court orders:
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 have been thrown away as a result of the amendment of the development application, in the agreed amount of $1.00, and such amount is to be paid within 28 days of the date of this order.
The appeal is upheld.
Development Application No DA-24-00748, as amended, for the demolition of existing structures, consolidation of 2 lots into 1, tree removal, and construction of a single storey centre-based child care facility to accommodate ninety-six (96) children over basement parking, and associated stormwater works, landscaping and acoustic barrier/fencing with houses of operation of 7AM to 6PM Monday to Friday, on land legally described as Lot 143 in DP14730 and Lot 144 in DP14730 and known as 15-17 Cross Street, Doonside NSW 2767, and 44 Graham Street, Doonside NSW, 2767, legally described as Lot 119 DP14730, is determined by the grant of development consent subject to the conditions at Annexure A.
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Annexure A (318 KB, pdf)
Broadstate Capital Pty Ltd
Blacktown City Council [2025] NSWLEC 1802