NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Principal Healthcare Finance Pty Limited v Blacktown City Council (No 2) [2021] NSWLEC 1548 Hearing dates: 15 September 2021 Date of orders: 24 September 2021 Decision date: 24 September 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The appeal is upheld. (2) Development Application No. SPP-19-00012 for construction of a two storey 148-bed residential aged care facility including car parking, landscaping, stormwater drainage, signage and associated services, at Northbourne Drive, Marsden Park (Lot 2890 DP 1230906) is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than Exhibits 1, A, B and F, are returned. Catchwords: DEVELOPMENT APPLICATION – aged care facility –disputed conditions of consent – water conservation Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.16, 8.15 Cases Cited: Principal Healthcare Finance Pty Limited v Blacktown City Council [2021] NSWLEC 1247 Texts Cited: Blacktown City Council WSUD developer handbook MUSIC modelling and design guide 2020 at 11.14.5 Blacktown Development Control Plan 2015 Part J Category: Principal judgment Parties: Principal Healthcare Finance Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: R White (Applicant) L Byrne (Respondent)
Solicitors: Mills Oakley (Applicant) Bartier Perry Lawyers (Respondent) File Number(s): 2020/233986 Publication restriction: Nil
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