M Development Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1469

Land and Environment Court New South Wales

Medium Neutral Citation: M Development Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1469 Hearing dates: Conciliation conference held on 4 August 2021 Date of orders: 17 August 2021 Decision date: 17 August 2021 Jurisdiction: Class 1 Before: Bish C Decision: See orders at [41] Catchwords: DEVELOPMENT APPLICATION – lot consolidation and subdivision – residential flat building – amenity – height standard non-compliance – cl 4.6 written variation request – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Environmental Planning and Assessment Act 1979, s 4.15, 4.16 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s34 Roads Act 1993, s 145, Schedule 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65–Design Quality of Residential Apartment Development State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), cl 4 Water Management Act 2000, s 91 Texts Cited: Apartment Design Guide Blacktown City Council Growth Centres Development Control Plan 2010 Category: Principal judgment Parties: M Development Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)