Ghantous v Campbelltown City Council [2023] NSWLEC 1581

Land and Environment Court New South Wales

Medium Neutral Citation: Ghantous v Campbelltown City Council [2023] NSWLEC 1581 Hearing dates: Conciliation Conference on 22 August 2023 Date of orders: 5 October 2023 Decision date: 05 October 2023 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The applicant is to pay the respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 within 14 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 2769/2021/DA-C, as amended, for the demolition of existing structures, and construction of a two-storey, 60 children centre based childcare facility with basement parking on land legally described as Lot 7 in DP 248566, known as 6 Shrike Place Ingleburn, subject to the conditions at Annexure A. Catchwords: APPEAL – Development application – conciliation conference – agreement between the parties – orders Legislation Cited: Campbelltown Local Environmental Plan 2015, cll 2.7, 4.1C, 4.3, 4.4, 7.1, 7.4, 7.10 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 8.7, 8.10, 8.14, 8.15 Environmental Planning and Assessment Regulation 2000, s 55 Land and Environment Court Act 1979, ss 17, 34 Interpretation Act 1987, ss 5, 30 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.26 Cases Cited: Kyrich Pty Ltd v Wollondilly Shire Council [2023] NSWLEC 1190 Texts Cited: NSW Department of Planning, Industry and Environment, Child Care Planning Guideline, 2021 Category: Principal judgment Parties: Habib Ghantous (First Applicant) Tanya Ghantous (Second Applicant) Nandy Ghantous (Third Applicant) Natalie Ghantous (Fourth Applicant) Campbelltown City Council (Respondent) Representation: Counsel: N Hammond (Applicant) A Kliese (Solicitor) (Respondent)