Future Masters Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1084

Land and Environment Court New South Wales

Medium Neutral Citation: Future Masters Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1084 Hearing dates: Conciliation conferences on 18 October and 9 December 2024 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by reason of the amended development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $5,000 within 28 days of the date of this Order. (2) The appeal is upheld. (3) Development Application No DA-1419/2023, as amended, for the demolition of existing buildings and construction of a 2 storey childcare centre for 72 children, with basement parking and associated landscaping and outdoor play areas at 208 Victoria Road, Punchbowl NSW 2196 is determined by the grant of development consent subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPEAL – centre-based 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 Canterbury Bankstown Local Environmental Plan 2023, cll 2.3, 2.7, 4.3, 4.4, 6.3 Education and Care Services National Regulations Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Industry and Employment) 2021 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 Category: Principal judgment Parties: Future Masters Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Bonanno (Solicitor) (Respondent)