Madss Properties No 2 Pty Ltd ATF Newtown Property Trust v Blacktown City Council [2021] NSWLEC 1053

Land and Environment Court New South Wales

Medium Neutral Citation: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust v Blacktown City Council [2021] NSWLEC 1053 Hearing dates: 19 November 2020 Date of orders: 12 February 2021 Decision date: 05 February 2021 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to Development Application DA-16-05368 (as amended) for the demolition of the existing dwellings and construction of a 2-storey boarding house containing 14 boarding rooms and an onsite manager's room with car parking and landscaping at 72 Newton Road, Blacktown subject to the Council's conditions in Exhibit 6 (as set out in Annexure A). (3) The exhibits are returned except for A, B, C, E, L, 4 and 6. Catchwords: DEVELOPMENT APPLICATION – boarding house – character of local area – design excellence – public interest Legislation Cited: Blacktown Local Environmental Plan 2015 cl 7.7 Environmental Planning and Assessment Act 1979 (NSW) s 4.15 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A, 30AA, 54C State Environmental Planning Policy (Affordable Rental Housing) Amendment (Boarding House Development) 2019 Cases Cited: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (No 2) v Blacktown City Council [2019] NSWLEC 126 Project Ventures Developments Pty Ltd v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (Applicant) Blacktown City Council (Respondent) Representation: Counsel: I Hemmings SC (Applicant) A Pearman (Respondent)