Pandorea 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1266

Land and Environment Court New South Wales

Medium Neutral Citation: Pandorea 88 Development Pty Ltd v Blacktown City Council [2021] NSWLEC 1266 Hearing dates: Conciliation conference held on 14 April 2021 Date of orders: 21 May 2021 Decision date: 21 May 2021 Jurisdiction: Class 1 Before: Morris AC Decision: The Court orders that: (1) The appeal is upheld; (2) Modification Application No. MOD-20-00403 to modify Development Consent No JRPP-16-03331 granted by the Land and Environment Court in case number 2017/00069585 for the modification of the external facades of the residential flat buildings at Lot 7 in Deposited Plan 1223464, known as No. 41 Manchester Drive, Schofields is determined by approving the modifications as set out in Annexure 'A'. (3) The Applicant is granted leave to rely on the following amended plans: (a) Elevations – North and South (Drawing No 16G-015 Revision H) prepared by ALAND dated 20 April 2021. (b) Elevations – East & West (Drawing No 16G-016 Revision H) prepared by ALAND dated 20 April 2021. (c) Materials and Finishes (Drawing No 16G-017 Revision F) prepared by ALAND dated 20 April 2021. (4) As a consequence of order (2) above, Development Consent No JRPP-16-03331 granted by the Land and Environment Court in case number 2017/00069585 is now subject to the consolidated, modified conditions of development consent set out in 'Annexure B'. Catchwords: MODIFICATION OF CONSENT – building appearance – visual interest – variety in streetscape – conciliation conference – agreement between parties Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.56, 8.9 Land and Environment Court Act 1979, s 34AA State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development Texts Cited: Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy Category: Principal judgment Parties: Pandorea 88 Development Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)