Al – Faisal College Limited v Canterbury Bankstown Council [2018] NSWLEC 1467

Land and Environment Court New South Wales

Medium Neutral Citation: Al – Faisal College Limited v Canterbury Bankstown Council [2018] NSWLEC 1467 Hearing dates: 6 – 7 August 2018 Date of orders: 04 September 2018 Decision date: 04 September 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Consent is granted to DA/140/2016 for: alterations and additions to the existing building at 69 Croydon Street, demolition of two existing dwellings and associated structures at 65 and 67 Croydon Street, change of use to an Educational Establishment (Primary School) and associated site works and fencing; subject to the conditions in Annexure A. (3) The exhibits are returned with the exception of Exhibits 1,2 and A. Catchwords: DEVELOPMENT APPEAL: New primary school – amended plans - planning experts agreed – whether the acoustic impacts of the school are reasonable – resident objections – public interest. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy 55 - Remediation of Land Protection of the Environment Operations Act 1997 Cases Cited: Best Western Services Pty Limited v Blacktown City Council [2011] NSWLEC 1380 Brigidine College v Ku-ring-gai Council [2012] NSWLEC 1076 Kindimindi Investments Pty Ltd v Lane Cove Council [2006] 143 LGERA 277 Meriden School v Pedavoli [2009] NSWLEC 183 Mohamad El Dana v Bankstown City Council [2008] NSWLEC 1484 Trustees of the Christian Brothers v Waverley Council [2004] NSWLEC 210 Weal v Bathurst City Council & Anor [2000] NSWCA 88 Texts Cited: Noise Policy for Industry (2017) Category: Principal judgment Parties: Al- Faisal College Limited (Applicant) City of Canterbury Bankstown Council (Respondent) Representation: Counsel: A Galasso SC (Applicant)