Australian Islamic Cultural Centre Inc v Canterbury Bankstown Council; Decode Group Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1252

Land and Environment Court New South Wales

Medium Neutral Citation: Australian Islamic Cultural Centre Inc v Canterbury Bankstown Council; Decode Group Pty Ltd v Canterbury Bankstown Council [2023] NSWLEC 1252 Hearing dates: 4 – 5 May 2023 Date of orders: 24 May 2023 Decision date: 24 May 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court in 2021/345923 are: (1) The appeal is upheld. (2) The Development Control Order issued to Australian Islamic Cultural Centre Inc dated 10 November 2021 is substituted for the Development Control Order in accordance with the terms provided for at Annexure A. (3) Within 28 days of notification to the Respondent by the Applicant of the completion of the works specified in Schedule 1 to the Development Control Order at Annexure A, the Applicant is to submit a Building Information Certificate application to the Respondent for the works detailed in Schedule 2 to the Development Control Order at Annexure A. The orders of the Court in 2023/140903 are: (1) The appeal is upheld. (2) The Development Control Order issued to Decode Group Pty Ltd dated 10 November 2021 is substituted for the Development Control Order in accordance with the terms provided for at Annexure A. Catchwords: DEVELOPMENT CONTROL ORDERS – stop work orders – works to make the building compliant with the Building Code of Australia Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.24, Sch 5 Pt 1, Pt 11 cl 29 Land and Environment Court Act 1979, s 34 Canterbury Local Environmental Plan 2012, cl 6.2 Cases Cited: Al – Faisal College Limited v Canterbury Bankstown Council [2018] NSWLEC 1467 Category: Principal judgment Parties: Australian Islamic Cultural Centre Inc (Applicant) Decode Group Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: A Galasso SC (Applicants) T Ward (Solicitor) (Respondent)