Helweh v Canterbury Bankstown Council [2025] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Helweh v Canterbury Bankstown Council [2025] NSWLEC 1102 Hearing dates: Conciliation conference on 22 November and 12 December 2024 Date of orders: 25 February 2025 Decision date: 25 February 2025 Jurisdiction: Class 1 Before: Thorpe AC Decision: The Court orders: (1) The Applicant is granted leave to rely upon the amended plans and documents referred to in Note 2 of the s 34 Agreement. (2) The appeal is upheld. (3) Development Consent No. DA-1169/2022 is modified in the terms in Annexure A. (4) Development Consent No. DA-1169/2022 as modified by the Court is contained in Annexure B. Catchwords: DEVELOPMENT APPEAL – modification of development consent – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.56, 8.9 Land and Environment Court Act 1979, s 17, 34 Canterbury-Bankstown Local Environmental Plan 2023 cll 4.3, 4.4, 5.21, 6.2 Environmental Planning and Assessment Regulation 2021 s 113 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 Ch 3 Texts Cited: Canterbury-Bankstown Community Participation Plan Category: Principal judgment Parties: Malik Helweh (Applicant) Canterbury Bankstown Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Bonanno (Solicitor) (Respondent)