Papanikolaou v Bayside Council [2018] NSWLEC 1662

Papanikolaou v Bayside Council [2018] NSWLEC 1662

Approval is granted because the amended development application, as agreed at conciliation, satisfies all planning preconditions, environmental, acoustic, and infrastructure requirements under the relevant statutory provisions and planning policies.

Parties
First Applicant: George Papanikolaou; Second Applicant: Anastasia Kalamakis; Third Applicant: Michael Papanikolaou; Fourth Applicant: Eleni Papanikolaou; Respondent: Bayside Council
Jurisdiction
Australia
Judgment Date
17 December 2018
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal allowed; development application approved subject to conditions
Legal Topics
Development Applications, Child Care Centres, Aircraft Noise, Stormwater Management, Acid Sulphate Soils, Essential Services
Planning and Environment Development Applications Child Care Centres Aircraft Noise Stormwater Management Acid Sulphate Soils Essential Services

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Parties

George Papanikolaou

First Applicant

Anastasia Kalamakis

Second Applicant

Michael Papanikolaou

Third Applicant

Eleni Papanikolaou

Fourth Applicant

Bayside Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether development application DA-2017/285 for a child care centre should be approved in light of planning controls, aircraft noise, stormwater management, essential services, and objections by neighbours

Ratio Decidendi

Approval is granted because the amended development application, as agreed at conciliation, satisfies all planning preconditions, environmental, acoustic, and infrastructure requirements under the relevant statutory provisions and planning policies.

Court Disposition

Appeal allowed; development application approved subject to conditions

Orders

  • Applicant granted leave to rely on amended plans at Annexure 'A'
  • Court satisfied as to matters specified in clauses 6.3(3)(c), 6.7(3) and 6.12 of the Rockdale Local Environmental Plan 2011