Abdul-Rahman v City of Canada Bay Council [2023] NSWLEC 1325

Land and Environment Court New South Wales

Medium Neutral Citation: Abdul-Rahman v City of Canada Bay Council [2023] NSWLEC 1325 Hearing dates: Conciliation conference on 6 June 2023 Date of orders: 23 June 2023 Decision date: 23 June 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development application DA2022/0129 for alterations and additions (including an additional partial storey) to an existing building for the purpose of a childcare centre for 92 children and 19 staff to operate 7am to 6pm Monday to Friday, with 23 parking spaces within the existing basement and ground floor areas is granted development consent subject to conditions in Annexure A (as amended on 27 June 2023). Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Canada Bay Local Environmental Plan 2013, cll 2.3, 2.7 Education and Care Services National Regulations, reg 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2021, ss 37, 38, 61, 64 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.22, 3.23 Cases Cited: Al Maha Pty Ltd v Huajun Investments Pty Ltd (2018) 365 ALR 86; [2018] NSWCA 245 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Environmental Protection Authority, Managing Land Contamination Planning Guidelines - SEPP 55–Remediation of Land, August 1998 Standards Australia, AS 2601—2001: The Demolition of Structures, September 2001 Category: Principal judgment Parties: Omar Abdul-Rahman (Applicant) City of Canada Bay Council (Respondent) Representation: Counsel: C Novak (Applicant) T Ward (Solicitor) (Respondent)