Charbine v Canterbury-Bankstown Council [2023] NSWLEC 1767

Land and Environment Court New South Wales

Medium Neutral Citation: Charbine v Canterbury-Bankstown Council [2023] NSWLEC 1767 Hearing dates: Conciliation conference on 13 September and 25 October 2023 Date of orders: 19 December 2023 Decision date: 19 December 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The applicant is directed to file the amended development application the subject of Order (4) below within 7 days of the date of this order. (2) Upon the filing of the amended development application in accordance with Order (1) above, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the development application, as agreed in the sum of $3,000. (3) The appeal is upheld. (4) Development consent is granted to development application No DA-539/2023 (as amended) for the demolition of existing structures and construction of a 2 storey centre based child care facility for 76 children over a basement on Lot 1 in Deposited Plan 564985, known as 113 Rex Road, Georges Hall, New South Wales, 2198 subject to the conditions of consent included in Amended Annexure A. Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – centre based child care facility – orders Legislation Cited: Bankstown Local Environmental Plan 2015, cll 2.2, 2.3, 2.7, 4.3, 4.4, 6.1, 6.2, 6.4, 6.8 Canterbury Bankstown Local Environmental Plan 2023, cl 1.8A Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.46, 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 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, s 3.26 Texts Cited: Bankstown Development Control Plan 2015 Canterbury Bankstown Community Participation Plan October 2022 Department of Planning, Industry and Environment, Child Care Planning Guideline, September 2021 Category: Principal judgment Parties: Hadi Charbine (Applicant) Canterbury-Bankstown Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) M Bonanno (Solicitor) (Respondent)