Betop Holdings Pty Ltd v Blacktown City Council [2020] NSWLEC 1511

Land and Environment Court New South Wales

Medium Neutral Citation: Betop Holdings Pty Ltd v Blacktown City Council [2020] NSWLEC 1511 Hearing dates: 10, 11 and 12 August 2020 Date of orders: 30 November 2020 Decision date: 23 October 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend its development application and to rely on amended plans; (2) The appeal is upheld; (3) Development Application DA-18/01433 for the construction and dedication of a public road and the construction of a multi dwelling housing development containing 34 dwellings at 72 Junction Road, Schofields, is determined by the grant of consent, subject to the conditions in Annexure A; (4) The exhibits are returned, with the exception of Exhibits A, B, C, D and 1. Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing – whether road design is acceptable Legislation Cited: Blacktown Local Environment Plan 2015 Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Threatened Species Conservation Act 1995 Cases Cited: Elite International Development Pty Ltd v Blacktown City Council [2020] NSWLEC 1020 Orion Consulting Engineers v Blacktown City Council [2020] NSWLEC 1054 Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1084 Texts Cited: Blacktown City Council, Engineering Guide for Development, 2005 Blacktown Development Control Plan 2015 Blacktown City Council Growth Centre Precincts Development Control Plan 2018 Category: Principal judgment Parties: Betop Holdings Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: T To (Applicant) C Morton (Solicitor) (Respondent)