Frangipani 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1240

Land and Environment Court New South Wales

Medium Neutral Citation: Frangipani 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1240 Hearing dates: Conciliation conference on 1 April 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the following amended plans: (a) Elevations – North & South (Drawing No. 16F-015 Revision J) prepared by ALAND dated 20 April 2021. (b) Elevations – East & West (Drawing No. 16F-017 Revision J) prepared by ALAND dated 20 April 2021. (c) Materials and Finishes (Drawing No. 16F-019 Revision G) prepared by ALAND dated 20 April 2021. (2) The appeal is upheld. (3) Modification Application No. MOD 20-00252 for the modification of the external facades of the residential flat buildings the subject of development consent JRPP-16-03332 granted by the Land and Environment Court in case number 2017/00069602 at Lot 6, DP 1223464, known as 125 Jerralong Drive, Schofields is approved in accordance with the conditions contained in Annexure 'A'. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.56, 8.9 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: Frangipani 88 Development Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)