Westminster Projects Pty Ltd v Blacktown City Council [2020] NSWLEC 1471

Land and Environment Court New South Wales

Medium Neutral Citation: Westminster Projects Pty Ltd v Blacktown City Council [2020] NSWLEC 1471 Hearing dates: 28-29 September 2020 Date of orders: 7 October 2020 Decision date: 07 October 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application 19-00496 which seeks construction of 12 x 2 storey townhouses on Lot C in DP 100797, also known as 54 Westminster Street, Schofields, is refused. (3) The exhibits are returned, except Exhibits 1, 6, A, B and C which are retained. Catchwords: DEVELOPMENT APPLICATION – multi-dwelling development – solar access – amenity Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: Australian Standard AS/NZS 2890.1:2004 Parking facilities Part 1: Off-street car parking Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Commonwealth Department of Housing and Regional Development, Australian Model Code for Residential Development AMCORD—A National Resource Document for Residential Development (1995, Australian Government Publishing Service) Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (March 2020) Category: Principal judgment Parties: Westminster Projects Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: H Irish (Applicant) D Loether (Solicitor) (Respondent)