Abi-Khattar v City of Parramatta Council [2024] NSWLEC 1601

Abi-Khattar v City of Parramatta Council [2024] NSWLEC 1601

All planning concerns raised in the appeal regarding traffic, parking, site suitability, bulk and scale, setbacks, amenity, passive surveillance, and public interest have been resolved by amendments to the development and evidence of the experts. The site is suitable and the proposal complies with relevant statutory standards. Therefore, it is appropriate to grant consent to the amended development application.

Parties
Applicant: Albert Abi-Khattar; Respondent: City of Parramatta Council
Jurisdiction
Australia
Judgment Date
27 September 2024
Procedural Posture
Class 1 Appeal (land and Environment Court) / Final Judgment and Orders
Outcome
Appeal upheld. Development consent granted.
Legal Topics
Development Application, Childcare Centre, Assessment Under Environmental Planning Instruments, Appeal Against Refusal or Deemed Refusal
Planning and Environment Development Application Childcare Centre Assessment Under Environmental Planning Instruments Appeal Against Refusal or Deemed Refusal

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Parties

Albert Abi-Khattar

Applicant

City of Parramatta Council

Respondent

Procedural Posture

Class 1 Appeal (land and Environment Court) / Final Judgment and Orders

Legal Issues

  1. 1 Whether development consent should be granted for a centre based childcare facility for 60 children at 32 Honiton Avenue, Carlingford
  2. 2 Whether the amended development resolves issues raised in Council's contentions

Ratio Decidendi

All planning concerns raised in the appeal regarding traffic, parking, site suitability, bulk and scale, setbacks, amenity, passive surveillance, and public interest have been resolved by amendments to the development and evidence of the experts. The site is suitable and the proposal complies with relevant statutory standards. Therefore, it is appropriate to grant consent to the amended development application.

Court Disposition

Appeal upheld. Development consent granted.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA/900/2022 for demolition, and construction of a centre based childcare facility for 60 children with basement parking for 9 staff and under croft parking for 7 visitors, subject to the conditions contained at Annexure A.