Ghazi Al Ali Architect Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1493

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architect Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1493 Hearing dates: Conciliation conference on 31 August 2022 Date of orders: 14 September 2022 Decision date: 14 September 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to rely upon the updated Plan of Management dated 30 August 2022. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA-893/2020 seeking alterations and additions to the existing community facility and construction of a mixed-use development, including a public place of worship with ancillary facilities, food and drink premises, and basement car parking at 15-19 Enterprise Avenue, Padstow subject to the conditions contained in Annexure A. Catchwords: APPEAL – development application – alterations and additions to community facility and place of public worship - conciliation conference - agreement between the parties Legislation Cited: Bankstown Local Environmental Plan 2015 cl 6.2 Environmental Planning and Assessment Act 1979, ss 2.22, 4.15, 4.16, 8.7, Sch 1 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Ghazi Al Architect Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: T To (Applicant) G Farland (Respondent)