NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mohamad El Dana v Bankstown City Council [2008] NSWLEC 1484
Applicant: Mohamad El Dana PARTIES : Respondent: Bankstwon City Council
FILE NUMBER(S) : 10697 of 2008
CORAM: Roseth SC
KEY ISSUES: Development Application :- Islamic school
DATES OF HEARING: 1 December 2008, 2 December 2008, 3 December 2008, 4 December 2008, 11 December 2008 and 19 December 2008
DATE OF JUDGMENT: 19 December 2008
Applicant: LEGAL REPRESENTATIVES: Mr J Ayling SC and Mr M Staunton, barrister instructed by Ms D le Breton, solicitor of HWL Ebworth Mr A Seton, solicitor of Marsdens Law Group
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Roseth SC
19 December 2008
10697 of 2008 Mohamad El Dana v Bankstown City Council
JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Bankstown City Council (the council) of a development application to build a Islamic private school for 1,200 pupils on lot 2 DP 505662 and lease lot 1 DP 117245, known as 98 Johnston Road, Bass Hill.
The site 2 The site is on the northern side of Johnston Road, between Keegan Road and Arundle Road. It is 3 ha in area and its frontage to Johnston Road is 100m. To the east it adjoins the Bass High School, which is on a site of 6ha. Further to the east is a former drive-in cinema site, which is likely to be developed as medium density housing. Beyond that is the shopping centre called Bass Hill Plaza. To the west, the site adjoins the rear yards of houses along Seven Oaks Crescent and Farrell Road. To the north the site adjoins a nursery, which fronts to the Hume Highway, and is included in the application under lease arrangements. 3 Except for two sheds, the site is vacant. It is mainly covered by grass, except for the Johnston Road end, where there are some trees that remain from the original Cumberland Plain Woodland that once covered the site. 4 Apart from the adjoining school, the shopping centre and the future medium density housing, most of the development around the site is low-density housing.
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