Australia, June 30 -- New South Wales Land and Environment Court issued text of the following judgement on May 30:

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal by Fairfield City Council of Development Application No 102.1/2024 (the DA).

2. The DA sought consent for the demolition of existing structures, removal of vegetation, construction of a double-storey centre-based child care facility for 109 children, one level of basement car parking containing 30 car parking spaces and associated landscaping works on the land at No 59 Hemphill Avenue, Mount Pritchard, legally known as Lot 8 in DP 208791 (the site).

Background

3. The DA was lodged by the Applicant with Fairfield City Council (the Respondent) on 22 April 2024.

4. The DA was notified and advertised by the Respondent between 11 May 2024 and 6 June 2024. Two submissions from one submitter were received by the Respondent in response to the notification.

5. The issues raised by the submitter have been summarised by the Respondent as follows:

1) Traffic impact;

2) Traffic safety;

3) Clustering of preschools; and

4) Location of building.

Evolution of the Appeal

6. On 24 June 2024 the Applicant in these proceedings filed an appeal in Class 1 of the Court's jurisdiction, under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

7. A conciliation conference was held in the proceedings pursuant to s 34 of the Land and Environment Court Act 1979 (LEC Act) on 18 September 2024, which was terminated by the Court.

8. On 12 February 2025 the Applicant was granted leave by the Court to amend the DA and to rely on amended plans and documents. The amended DA (Version 2) was re-notified by the Respondent to adjoining properties prior to the Hearing. No additional submissions were received by the Respondent, although the original submission was maintained.

9. On 21 February 2025, the Respondent filed with the Court its Amended Statement of Facts and Contentions (the Amended SOFAC).

10. On 4 March 2025, the following experts prepared a Joint Expert Report (Joint Expert Report):

1) Benjamin Black - Consultant Town Planner on behalf of the Applicant;

2) Lynda Campbell - Consultant Childcare Expert on behalf of the Applicant;

3) Rebecca Surian - Consultant Landscape Architect on behalf of the Applicant; and

4) Hayley Tasdarian - Consultant Town Planner on behalf of the Respondent.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/19714d137ad4f24bee7c0e7e)

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