Al Ali v Bankstown City Council [2016] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Al Ali v Bankstown City Council [2016] NSWLEC 1044 Hearing dates: 21 December 2015 Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction: Class 1 Before: Morris C Decision: See para 43 Catchwords: DEVELOPMENT APPLICATION: community facility, impact on parking, traffic and safety, whether consistent with zone objectives, public interest Legislation Cited: Bankstown Local Environmental Plan 2015 Texts Cited: Bankstown Development Control Plan 2015; Guide to Traffic Generating Developments Category: Principal judgment Parties: Ghazi Al Ali (Applicant)

Bankstown City Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant)

Solicitors: Conomos Legal (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 10603 of 2015

Judgment 1. Mr Al Ali lodged development application 552/2015 with Bankstown Council seeking consent for a change of use of an existing industrial development including internal fit out works to a multipurpose community facility. 2. Council had not determined the application within the prescribed period so an appeal against its deemed refusal has been filed.

The site and its context 1. The site comprises two adjoining industrial premises that are located at the northern end of and known as Nos 15 and 19 Enterprise Avenue Padstow. Enterprise Avenue is a cul-de-sac that runs off Watson Road. Watson Road provides a link to Davies Road/Fairford Road and the M5 motorway. 2. The allotments are irregular in shape and have a combined area of approximately 8000 m². 3. The larger allotment, No 15 contains a warehouse building erected over the western portion of the site and a freestanding metal shed and hard stand carpark on the eastern section. A ramped driveway provides access to that carpark from the northern most extension of Enterprise Avenue. The smaller allotment, No 19 contains an industrial building with a basement carpark. That building is erected to the rear or eastern section of the site with a concrete forecourt providing driveway access and additional car parking. Enterprise Avenue contains a number of industrial, warehouse and service industries as well as a church, fitness centre and gymnasium. 4. Land on the southern side of Watson Road is residential and primarily contains single detached dwellings. 5. Padstow North Public School is located to the west of the site and has frontage to Watson Road and Halcyon Avenue.