Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1587

Land and Environment Court New South Wales

Medium Neutral Citation: Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1587 Hearing dates: Conciliation conference on 30 March, 16 April, 7 and 25 May, 30 June, 29 July, 6 and 24 August, and 7 September 2021 Date of orders: 6 October 2021 Decision date: 06 October 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) Consent is granted to Modification Application No. MOD-20-00357 for the modification of Development Consent SPP-17-00039 (development consent), relating to amendments to the vehicular access and loading arrangements, overall height, total apartment and car parking numbers and variations to the building envelopes of the approved Concept Plan and Stage 1 on Lot 72 and 73 in Deposited Plan 208203, otherwise known as 43 - 53 Cudgegong Road, Rouse Hill, subject to the conditions in Annexure C. A summary of the approved modifications to conditions of consent is set out in Annexure B. (3) Development Consent SPP-17-00039, as now amended by Modification Application MOD-20-00357, is subject to the consolidated and updated conditions as set out in Annexure C. (4) The respondent is directed to register the development consent on the NSW planning portal within 14 days. Catchwords: MODIFICATION APPLICATION – concept plan approval – amenity – access – traffic – streetscape – open space – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 4.17, 4.24, 7.3, 8.9, 8.10, 8.14 Environmental Planning and Assessment Regulation 2000 cll 49, 121B, 77 Land and Environment Court Act 1979 ss 17, 34, 39 State Environmental Planning Policy No 55— Remediation of Land cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development cl 30(2)(a), and Schedule 1 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 cll 45, 104 State Environmental Planning Policy (State and Regional Development) 2011 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 cll 4.1A, 4.3, 4.4, 4.6, 6.5, Appendix 6 Cases Cited: Restifa & Partners Pty Ltd v Blacktown City Council [2019] NSWLEC 1432 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2018 Category: Principal judgment Parties: Restifa & Partners Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: B Salon (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)