Ibrahim v Canterbury-Bankstown Council [2023] NSWLEC 1645

Ibrahim v Canterbury-Bankstown Council [2023] NSWLEC 1645

The Court granted development consent and upheld the appeal following a conciliation conference in which the parties agreed to the terms; jurisdictional prerequisites and planning controls for childcare facilities were satisfied; costs thrown away by amendment were ordered to be paid and amendments did not require re-notification.

Parties
Applicant: Mariam Ibrahim; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
01 November 2023
Procedural Posture
Development Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted; Applicant to pay Respondent's costs of $5,500.
Legal Topics
Development Consent, Childcare Centres, Conciliation Conference, Costs, Tree Removal
Planning and Environment Development Consent Childcare Centres Conciliation Conference Costs Tree Removal

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 4 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Mariam Ibrahim

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Development Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for demolition, tree removal, and construction of a childcare centre
  2. 2 Whether amendments to the Development Application require re-notification
  3. 3 Whether site contamination and biodiversity requirements are satisfied

Ratio Decidendi

The Court granted development consent and upheld the appeal following a conciliation conference in which the parties agreed to the terms; jurisdictional prerequisites and planning controls for childcare facilities were satisfied; costs thrown away by amendment were ordered to be paid and amendments did not require re-notification.

Court Disposition

Appeal upheld; development consent granted; Applicant to pay Respondent's costs of $5,500.

Orders

  • The Applicant to pay Respondent's costs thrown away by reason of amendment of the Development Application in the agreed sum of $5,500 within 28 days of the date of this order.
  • The appeal is upheld.