Charbine v Canterbury-Bankstown Council [2023] NSWLEC 1767

Charbine v Canterbury-Bankstown Council [2023] NSWLEC 1767

The appeal is upheld and development consent is granted because the amended application meets the jurisdictional and substantive requirements under the relevant planning statutes and local instruments, and the parties have reached a binding agreement under s 34 of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
19 December 2023
Procedural Posture
Development Appeal Class 1 / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs of $3,000 upon filing of amended development application.
Legal Topics
['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent' 'local Environmental Plan' 'appeal Against Deemed Refusal']
['planning and Environment'] ['development Application' 'centre Based Child Care Facility' 'conciliation Conference' 'jurisdictional Prerequisites' 'development Consent' 'local Environmental Plan' 'appeal Against Deemed Refusal']

Case Brief

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Procedural Posture

Development Appeal Class 1 / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application satisfies statutory prerequisites for approval under relevant planning legislation' 'Whether the proposal complies with Bankstown Local Environmental Plan 2015 and other relevant instruments' 'Whether all contentions raised by the respondent have been addressed']

Ratio Decidendi

The appeal is upheld and development consent is granted because the amended application meets the jurisdictional and substantive requirements under the relevant planning statutes and local instruments, and the parties have reached a binding agreement under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's thrown away costs of $3,000 upon filing of amended development application.

Orders

  • ['The applicant must file the amended development application within 7 days.' 'Applicant to pay respondent costs thrown away by amendment, as agreed, $3,000 upon filing the amended application.' 'The appeal is upheld.' 'Development consent is granted to DA-539/2023 (as amended) for the demolition of existing...