Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1592

Land and Environment Court New South Wales

Medium Neutral Citation: Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1592 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: 8 October 2021 Decision date: 08 October 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: See orders at [27] below Catchwords: DEVELOPMENT APPLICATION – concept plan approval – stages 3 and 4 – amenity – access – traffic – streetscape – open space – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.2, 4.15, 4.16, 4.17, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000 cll 49, 55, 77 Land and Environment Court Act 1979 ss 17, 34, 39 Sydney Environmental Planning Policy No 55—Remediation of Land cl 7 State Environmental Planning Policy No 64—Advertising and Signage cll 3(1)(a), 8, Schedule 1 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 Rural Fire Act 1997 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 cl 2.3.4 Greater Sydney Region Plan and Central City District Plan NSW Department of Planning, Industry and Environment "Code of Practice for injured, sick and Orphaned Protected Fauna" 2011 Planning for Bushfire Protection 2006 Apartment Design Guide Category: Principal judgment Parties: Restifa & Partners Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: B Salon (Solicitor) (Applicant) D Loether (Solicitor) (Respondent)