Al Noori Muslim Primary School v Bankstown City Council [2008] NSWLEC 1405

Land and Environment Court of New South Wales

CITATION : Al Noori Muslim Primary School v Bankstown City Council [2008] NSWLEC 1405

Applicant: Al Noori Muslim Primary School Ltd PARTIES : Respondent: Bankstown City Council

FILE NUMBER(S) : 10534 of 2008

CORAM: Roseth SC

KEY ISSUES: Development Application :- use of house as a school

DATES OF HEARING: 8 October 2008

DATE OF JUDGMENT: 16 October 2008

Applicant: LEGAL REPRESENTATIVES: Mr S Kondilios, solicitor of Maddocks Lawyers Mr A seton, solicitor of Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

16 October 2008

10534 of 2008 Al Noori Muslim Primary School Ltd v Bankstown City Counckil

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal of a development application to use an existing house as a primary school for sixty children on lot 3 DP 14587, known as 93 Greenacre Road, Greenacre.

The site 2 The site is on the north side of Greenacre Road, between Hillcrest and Noble Avenues. The site is over 1,600m2 in area; however, the rear half is under a transmission line and not suitable for a play area. The front half contains a two-storey house, with two large rooms on the ground floor, which the application seeks to use as classrooms. The site has almost no vegetation or soft landscaping. 3 About seven allotments to the east, at the corner of Noble Avenue, is the existing Al Noori Muslim Primary School. Apart from this school, the remaining properties in the street are houses. The properties to the north are also houses fronting to Mimosa Road.