Helweh v Canterbury-Bankstown Council [2023] NSWLEC 1743

Land and Environment Court New South Wales

Medium Neutral Citation: Helweh v Canterbury-Bankstown Council [2023] NSWLEC 1743 Hearing dates: Conciliation conferences on 4 August and 26 September 2023 Date of orders: 07 December 2023 Decision date: 07 December 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 agreed in the sum of $3,000 within 28 days. (2) The appeal is upheld. (3) Development Application No DA-1169/2022 for the demolition of existing structures and construction of a two storey centre based child care facility for 40 children and parking for 10 passenger vehicles in a basement level on Lot 23 in Deposited Plan 30974, known as 77 Orchard Road, Bass Hill, New South Wales, 2197 is approved subject to the conditions included in Annexure "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17, 8.7, Land and Environment Court Act 1979, s 34 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, s 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport and Infrastructure SEPP), Ch 3, ss 3.22, 3.23, 3.26 Bankstown Local Environmental Plan 2015, cll 2.2, 4.3, 4.4, 5.10, 5.21, 6.1, 6.2, 6.8 Cases Cited: nil Texts Cited: Bankstown Development Control Plan 2015 Canterbury Bankstown Development Contributions Plan 2022 Canterbury Bankstown Community Participation Plan October 2022 Department of Planning, Industry and Environment, Child Care Planning Guideline September 2021 Category: Principal judgment Parties: Ali Helweh (First Applicant) Fatima Helweh (Second Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: T Poisel (Applicants) M Bonanno (Solicitor) (Respondent)