The NSW Land and Environment Court in The Trustee for Giggs and Learn Trust v Canterbury-Bankstown Council were required to consider an application to modify a development consent for an existing centre-based child care facility in Belmore. The application involved the increase in the number of children who can be cared for at the service from 38 to 42. The main issue was that of outdoor space (regulation 108, National Regulations). The Court found, after extensively reviewing the information presented to it, that as a consequence of the increase in children the applicable outdoor unencumbered space requirements would not be met and therefore was was unable to approve the application without the concurrence of the Regulatory Authority. As that concurrence had not been given, the application was refused.
Mick Ogrizek
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