Ibrahim v Canterbury-Bankstown Council [2023] NSWLEC 1645

Land and Environment Court New South Wales

Medium Neutral Citation: Ibrahim v Canterbury-Bankstown Council [2023] NSWLEC 1645 Hearing dates: Conciliation Conference 7 and 29 September and 3 October 2023 Date of orders: 01 November 2023 Decision date: 01 November 2023 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant shall pay the Respondent's costs thrown away by reason of the amendment of the Development Application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979 in the agreed sum of $5,500 within 28 days of the date of this order. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA-450/2022 for demolition of all structures on the site, removal of 7 trees (including 2 street trees) and the construction a 3-storey Childcare centre (for 81 children) with basement car parking, associated landscaping, connection to drainage easement and lot consolidation at 43-45 Graham Street, Narwee subject to conditions annexed and marked Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.120, Ch 3, ss 3.3, 3.22, 3.23, 3.26, 3.27 Education and Care Services National Regulations 2011, regs 102, 107, 108, 109, 110, 111, 112, 113, 114, 115 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 Canterbury-Bankstown Local Environmental Plan 2023, cll 1.1AA, 1.8A Canterbury Local Environmental Plan 2012, cll 2.7, 6.4, 6.6 Texts Cited: Canterbury-Bankstown Community Participation Plan 2022 Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Managing Land Contamination Planning Guidelines SEPP 55–Remediation of Land Category: Principal judgment Parties: Mariam Ibrahim (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: M Norman (Solicitor)(Applicant) M Bonanno (Solicitor)(Respondent)