Ghantous v Campbelltown City Council [2023] NSWLEC 1581

Ghantous v Campbelltown City Council [2023] NSWLEC 1581

As the parties' agreement resolves all contentions and complies with statutory and planning requirements, the Court is satisfied it may make orders in those terms—including granting consent to the development application subject to conditions.

Parties
Applicant: Habib Ghantous; Applicant: Tanya Ghantous; Applicant: Nandy Ghantous; Applicant: Natalie Ghantous; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
05 October 2023
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted; costs thrown away ordered against applicant.
Legal Topics
Development Applications, Child Care Facilities, Conciliation Conference, Environmental Planning Consent
Planning Law Environmental Law Development Applications Child Care Facilities Conciliation Conference Environmental Planning Consent

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 2 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Habib Ghantous

Applicant

Tanya Ghantous

Applicant

Nandy Ghantous

Applicant

Natalie Ghantous

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a two-storey, 60 children centre-based childcare facility with basement parking
  2. 2 Whether statutory requirements under relevant SEPPs, the Environmental Planning and Assessment Act, and Local Environmental Plan are satisfied

Ratio Decidendi

As the parties' agreement resolves all contentions and complies with statutory and planning requirements, the Court is satisfied it may make orders in those terms—including granting consent to the development application subject to conditions.

Court Disposition

Appeal upheld; development consent granted; costs thrown away ordered against applicant.

Orders

  • The applicant is to pay the respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $2,000 within 14 days of the date of these orders.
  • The appeal is upheld.