Selim v City of Canada Bay Council [2020] NSWLEC 1403

Land and Environment Court New South Wales

Medium Neutral Citation: Selim v City of Canada Bay Council [2020] NSWLEC 1403 Hearing dates: Conciliation conference on 6 August 2020 Date of orders: 01 September 2020 Decision date: 01 September 2020 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Leave is granted to the Applicant to rely upon the amended plans listed in Condition 1 at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 ("EP&A Act"), the Applicant is to pay the Respondent's costs thrown away as a result of amending the development application in the sum of $17,500.00 within 28 days from the date of these orders. (3) The appeal is upheld. (4) Development Application No. DA 2017/0535 for the demolition of existing dwelling houses and all other existing structures from the site, and the construction of part one and part two storey child care centre for 56 children, with basement parking for 14 cars on the land known as 16 & 18 Salt Street, Concord NSW is approved subject to the conditions in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – Conciliation Conference – childcare centre – agreement between the parties Legislation Cited: Canada Bay Local Environmental Plan 2013 Children (Education and Care Services) Supplementary Provisions Regulation 2012 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979 Establishments and Child Care Facilities) 2017 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 64 – Advertising and Signage Texts Cited: Child Care Planning Guideline City of Canada Bay Development Control Plan 2017 Category: Principal judgment Parties: Raouf Selim (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: M Hanna (Solicitor) (Applicant) T Ward (Solicitor) (Respondent)