Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1380

Ghazi Al Ali Architect Pty Ltd v Canterbury Bankstown Council [2020] NSWLEC 1380

The appeal is upheld and conditional development consent is granted as the proposed boarding housing development complies with the standards and requirements of the relevant planning instruments and jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 are satisfied.

Jurisdiction
Australia
Judgment Date
20 August 2020
Procedural Posture
Development Appeal / Conciliation Conference, Final Orders
Outcome
Appeal upheld. Conditional development consent granted by agreement under s 34(3) of Land and Environment Court Act 1979.
Legal Topics
['development Application' 'appeal Against Refusal' 'boarding House Development' 'affordable Rental Housing' 'section 34 Agreement' 'jurisdictional Prerequisites']
['planning and Environment Law'] ['development Application' 'appeal Against Refusal' 'boarding House Development' 'affordable Rental Housing' 'section 34 Agreement' 'jurisdictional Prerequisites']

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Procedural Posture

Development Appeal / Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the development application complies with the relevant environmental planning instruments' 'Whether jurisdictional prerequisites are satisfied to grant consent under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal is upheld and conditional development consent is granted as the proposed boarding housing development complies with the standards and requirements of the relevant planning instruments and jurisdictional prerequisites under s 34(3) of the Land and Environment Court Act 1979 are satisfied.

Court Disposition

Appeal upheld. Conditional development consent granted by agreement under s 34(3) of Land and Environment Court Act 1979.

Orders

  • ['Applicant granted leave to amend the development application and rely on specified plans.' 'Appeal upheld.' 'Development application DA387/2018 for demolition and boarding housing development is approved subject to conditions in Annexure A.']