Ghazi Al Ali Architect Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1493

Ghazi Al Ali Architect Pty Ltd v Canterbury-Bankstown Council [2022] NSWLEC 1493

The appeal is upheld and development consent is granted because the Court is satisfied, having regard to the agreement of the parties, the jurisdictional preconditions under the relevant legislation are met, and the decision to grant consent is one that the Court could properly make.

Parties
Applicant: Ghazi Al Ali Architect Pty Ltd; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
14 September 2022
Procedural Posture
Class 1 (development Appeal) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Consent, Appeal, Conciliation Conference, Community Facility, Place of Public Worship
Planning and Environment Law Development Consent Appeal Conciliation Conference Community Facility Place of Public Worship

Case Brief

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Parties

Ghazi Al Ali Architect Pty Ltd

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Class 1 (development Appeal) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to a community facility and construction of a mixed-use development including a place of public worship, food and drink premises, and basement car parking

Ratio Decidendi

The appeal is upheld and development consent is granted because the Court is satisfied, having regard to the agreement of the parties, the jurisdictional preconditions under the relevant legislation are met, and the decision to grant consent is one that the Court could properly make.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The applicant is granted leave to rely upon the updated Plan of Management dated 30 August 2022.
  • The appeal is upheld.