Helweh v Canterbury Bankstown Council [2025] NSWLEC 1102

Helweh v Canterbury Bankstown Council [2025] NSWLEC 1102

The modifications proposed do not radically alter the development's external form, relationship to adjoining properties, or compliance with planning controls, and result in a development substantially the same as originally approved; the parties' agreement is one the Court could properly make pursuant to s 34(3) Land and Environment Court Act 1979.

Parties
Applicant: Malik Helweh; Respondent: Canterbury Bankstown Council
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Development Appeal Modification of Development Consent / Final Determination After Conciliation Conference
Outcome
Appeal upheld; modification of development consent granted subject to conditions
Legal Topics
Modification of Development Consent, Child Care Centre, Conciliation Conference, Exercise of Consent Authority Powers
Planning and Environment Law Modification of Development Consent Child Care Centre Conciliation Conference Exercise of Consent Authority Powers

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Malik Helweh

Applicant

Canterbury Bankstown Council

Respondent

Procedural Posture

Development Appeal Modification of Development Consent / Final Determination After Conciliation Conference

Legal Issues

  1. 1 Whether the modified development is substantially the same development as approved
  2. 2 Whether amendment of development consent is appropriate under the statutory provisions
  3. 3 Satisfaction of jurisdictional prerequisites under s 34 Land and Environment Court Act 1979

Ratio Decidendi

The modifications proposed do not radically alter the development's external form, relationship to adjoining properties, or compliance with planning controls, and result in a development substantially the same as originally approved; the parties' agreement is one the Court could properly make pursuant to s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification of development consent granted subject to conditions

Orders

  • The Applicant is granted leave to rely upon the amended plans and documents referred to in Note 2 of the s 34 Agreement.
  • The appeal is upheld.