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Class 1 — Merit appeal Canterbury-Bankstown Council 14 September 2026

Tian Siang Holy Tao Association Limited Incorporated v Canterbury-Bankstown Council [2026] NSWLEC 1602

Before: Gray C · NSW Land and Environment Court

Floor Space / FSRDensity / Bulk & ScaleFloodingConciliation / AgreementBiodiversityStormwater / Drainage

Summary

This appeal concerns a development application for internal alterations and additions to an existing building at 137 Marion Street, Bankstown, and change of use of the building to a place of public worship. The development application was refused on 11 December 2025. The applicant appeals against that decision.

Catchwords

APPEAL – development application – change of use to place of public worship – conciliation conference – agreement reached – orders made

Outcome

The Court orders that: (1) The appeal is upheld. (2) Development Application DA-1144/2025 for the internal alterations to the existing building and change of use of premises to a place of public worship at 137 Marion Street, Bankstown is determined by grant of consent subject to the conditions contained in Annexure ‘A’.

Legislation cited

Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34   Canterbury-Bankstown Local Environmental Plan 2023, cll 5.21, 6.3, 6.9 Environmental Planning and Assessment Regulation 2021 (NSW), ss 37, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy Amendment (Concurrences and Consultations) 2026 State Environmental Planning Policy (Planning Systems) 2021, s 5.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

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Authoritative text on NSW Caselaw · ~12k words

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