Bankstown City Council v Bennett & Anor [2012] NSWLEC 38

Bankstown City Council v Bennett & Anor [2012] NSWLEC 38

The certificate was invalid because there was no existing school with lawful development consent encompassing the entirety of Lot 894 at the time of issue; thus, the conditions in cl 31A(1) SEPP were not satisfied. The purported development was outside the boundaries of the lawfully approved school, and the certificate could not validate such unlawful use.

Jurisdiction
Australia
Judgment Date
13 March 2012
Procedural Posture
Class 4 / Principal Judgment
Outcome
Declaration of invalidity granted; injunctive relief refused; costs awarded to applicant, subject to further application.
Legal Topics
['complying Development Certificates' 'validity of Planning Approvals' 'interpretation of State Environmental Planning Policy (infrastructure) 2007' 'declaratory and Injunctive Relief']
['environmental Planning and Development Law'] ['complying Development Certificates' 'validity of Planning Approvals' 'interpretation of State Environmental Planning Policy (infrastructure) 2007' 'declaratory and Injunctive Relief']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 / Principal Judgment

Legal Issues

  1. 1 ['Whether complying development certificate No 101339 issued on 15 September 2010 is invalid under State Environmental Planning Policy (Infrastructure) 2007' "Whether there was an 'existing school' and the works were 'within the boundaries of an existing school' as required by cl 31A(1) of the SEPP" 'Whether the development was permissible without development consent' 'Whether discretionary injunctive relief should be granted']

Ratio Decidendi

The certificate was invalid because there was no existing school with lawful development consent encompassing the entirety of Lot 894 at the time of issue; thus, the conditions in cl 31A(1) SEPP were not satisfied. The purported development was outside the boundaries of the lawfully approved school, and the certificate could not validate such unlawful use.

Court Disposition

Declaration of invalidity granted; injunctive relief refused; costs awarded to applicant, subject to further application.

Orders

  • ['Declaration that the complying development certificate issued to Al Noori Muslim School Limited on 15 September 2010 is invalid and of no effect.' "Respondents to pay Bankstown City Council's costs of the proceedings, unless within seven days a notice of motion seeking alternate costs order is filed." 'Exhibits to...