Rahme v Canterbury-Bankstown Council [2023] NSWLEC 1639

Land and Environment Court New South Wales

Medium Neutral Citation: Rahme v Canterbury-Bankstown Council [2023] NSWLEC 1639 Hearing dates: Conciliation conference on 23 and 24 October 2023 Date of orders: 27 October 2023 Decision date: 27 October 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) Leave is granted to the applicant to rely on the amended application in accordance with the documents listed at [9(1)]. (2) The appeal is upheld. (3) Development Application No. DA-985/2022 for the conversion of an approved outbuilding to a single-storey secondary dwelling to the rear of Dwelling B of an approved dual occupancy development, at 212 William Street, Yagoona, Lot 25 DP 9332, is determined by the grant of consent subject to conditions of consent in Annexure A. Catchwords: APPEAL – development application – carrying out of works to outbuilding and change of use to secondary dwelling – conciliation conference – agreement reached – orders made Legislation Cited: Bankstown Local Environmental Plan 2015 Canterbury-Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27, 37, 38 Land and Environment Court Act 1979, ss 34, 34AA State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Cases Cited: Landcorp Australia Pty Ltd v The Council of the City of Sydney [2020] NSWLEC 174 Category: Principal judgment Parties: Charbel Rahme (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: H Irish (Applicant) A Jucha (Respondent)