Abbas v Canterbury-Bankstown Council [2023] NSWLEC 1366

Land and Environment Court New South Wales

Medium Neutral Citation: Abbas v Canterbury-Bankstown Council [2023] NSWLEC 1366 Hearing dates: Conciliation conference on 16 June 2023 Date of orders: 14 July 2023 Decision date: 14 July 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicants are to pay those costs of the Respondent that have been thrown away as a result of the Applicants being allowed to file the Amended Development Application agreed in the amount of $7,500.00. (2) The appeal is upheld. (3) Development application no. DA-794/2022 for the demolition of existing structures, tree removal and the construction of a two-storey centre-based child care facility for 160 children with basement parking at 274-276 Hector Street, Bass Hill, NSW, is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties - orders Legislation Cited: Bankstown Local Environmental Plan 2015, cll 2.7, 4.3, 4.4, 6.2, 6.6, 6.8 Canterbury-Bankstown Local Environmental Plan 2023, cl 1.8A Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, s 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.23 Texts Cited: NSW Department of Planning, Industry and Environment Child Care Planning Guidelines 2021 Category: Principal judgment Parties: Mohomed Abbas (First Applicant) Zoubaida Abbas (Second Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicants) M Bonanno (Solicitor)(Respondent)