St Mary’s & St Mina’s Coptic Orthodox Church v Bayside Council [2021] NSWLEC 1520

St Mary’s & St Mina’s Coptic Orthodox Church v Bayside Council [2021] NSWLEC 1520

The Court upheld the appeal and approved the amended development application for the childcare centre, finding that all jurisdictional preconditions of the relevant planning instruments and regulations had been satisfied and the proposal would not adversely affect heritage significance, soil stability, stormwater, classified road operation, or child care facility requirements.

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Appeal / Class 1 Appeal – Post Conciliation Conference Decision
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'childcare Centre' 'heritage Considerations' 'environmental Planning' 'conciliation Conference']
['planning and Environment'] ['development Application' 'childcare Centre' 'heritage Considerations' 'environmental Planning' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Class 1 Appeal – Post Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether development application for childcare centre should be approved' 'Compliance with Local Environmental Plan standards' 'Heritage impact assessment' 'Earthworks and impact on soil stability' 'Protection of airspace (Sydney Airport)' 'Stormwater management' 'Contamination of land' 'Impact on classified road' 'Compliance with child care facility planning guidelines']

Ratio Decidendi

The Court upheld the appeal and approved the amended development application for the childcare centre, finding that all jurisdictional preconditions of the relevant planning instruments and regulations had been satisfied and the proposal would not adversely affect heritage significance, soil stability, stormwater, classified road operation, or child care facility requirements.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application No. 2019/255 for demolition of existing structures and construction of a childcare centre for a maximum of 60 children, basement car park and landscaping, at 339-377 Forest Road, Bexley, is approved, subject to the conditions of consent at Annexure A.']