Future Masters Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1084

Future Masters Pty Ltd v Canterbury-Bankstown Council [2025] NSWLEC 1084

The parties reached agreement at conciliation, and the Court is satisfied the statutory and jurisdictional prerequisites for determination of the amended development application have been met. The amended application complies with the planning controls, and the agreement is one the Court could have made in the proper exercise of its functions. The Court therefore upholds the appeal and grants consent subject to conditions.

Parties
Applicant: Future Masters Pty Ltd; Respondent: Canterbury Bankstown Council
Jurisdiction
Australia
Judgment Date
18 February 2025
Procedural Posture
Development Appeal / Judgment on Agreement Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; applicant to pay respondent's costs thrown away
Legal Topics
Development Consent, Development Application, Centre Based Child Care Facility, Conciliation Conference, Local Environmental Plan, Development Standards
Planning and Environment Development Consent Development Application Centre Based Child Care Facility Conciliation Conference Local Environmental Plan Development Standards

Case Brief

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Parties

Future Masters Pty Ltd

Applicant

Canterbury Bankstown Council

Respondent

Procedural Posture

Development Appeal / Judgment on Agreement Following Conciliation Conference

Legal Issues

  1. 1 Whether the refusal of Development Application DA-1419/2023 for a childcare centre at 208 Victoria Road, Punchbowl should be upheld or consent granted
  2. 2 Whether the amended application satisfies relevant legislative and regulatory planning requirements

Ratio Decidendi

The parties reached agreement at conciliation, and the Court is satisfied the statutory and jurisdictional prerequisites for determination of the amended development application have been met. The amended application complies with the planning controls, and the agreement is one the Court could have made in the proper exercise of its functions. The Court therefore upholds the appeal and grants consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted; applicant to pay respondent's costs thrown away

Orders

  • The Applicant is to pay the Respondent's costs thrown away by reason of the amended development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $5,000 within 28 days.
  • The appeal is upheld.