Architecture Design Studio (NSW) Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1111

Land and Environment Court New South Wales

Medium Neutral Citation: Architecture Design Studio (NSW) Pty Ltd v Canterbury-Bankstown Council [2021] NSWLEC 1111 Hearing dates: Conciliation conference on 3 November 2020, 24 November 2020, 10 December 2020, 28 January 2021 and 11 February 2021 Date of orders: 03 March 2021 Decision date: 03 March 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: Refer to orders below at [22] Catchwords: MODIFICATION APPLICATION – consent for use as a place of public worship (Islamic Centre) – change to the internal layout – modification application amended – conciliation conference – agreement between the parties – orders Legislation Cited: Bankstown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Texts Cited: Bankstown Development Control Plan 2015 Category: Principal judgment Parties: Architecture Design Studio (NSW) Pty Ltd ABN 90 616 216 196 (Applicant) Canterbury-Bankstown Council ABN 45 985 891 846 (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)

Solicitors: Mills Oakley (Applicant) Canterbury-Bankstown Council (Respondent) File Number(s): 2020/250694 Publication restriction: No

Judgment 1. COMMISSIONER: The Modification Application No. DA-1172/2014/2 (Modification Application) was lodged by the Applicant with the Respondent (Council) pursuant to s 4.55(1A) of the Environmental Planning and Assessment Act 1979 (EPA Act) which sought the following modification to DA-1172/2014/1 (Consent) for a place of public worship (Islamic Centre)/ Community Centre at 22-24 Auburn Road Regents Park as follows: 1. Consent: Alterations and Additions to existing premises for use as a place of public worship (Islamic Centre). 2. Modification: Change internal layout and associated use of the ground floor (middle level) from social events room, meeting rooms, offices, kitchen and bathrooms to prayer room, classrooms, seating area, play area, canteen, kitchen, offices, meeting rooms and bathrooms. 1. The appeal was lodged in Court by the Applicant on 28 August 2020 pursuant to s 8.9 of the EPA Act. 2. The proceedings fall within Class 1 of the Court jurisdiction pursuant to s 17 (d) of the Land and Environment Court Act 1979 (LEC Act). 3. The Court has power to determine the matter pursuant to s 8.14 of the EPA Act, and ss 34 and 39 of the LEC Act.