Eastview (Australia) Pty Limited v Blacktown City Council [2021] NSWLEC 1792

Land and Environment Court New South Wales

Medium Neutral Citation: Eastview (Australia) Pty Limited v Blacktown City Council [2021] NSWLEC 1792 Hearing dates: Conciliation conference on 1, 22 September, 12 October, 8, 23 November, 6 and 10 December 2021, final agreement filed 13 December 2021 Date of orders: 23 December 2021 Decision date: 23 December 2021 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: 1) Leave is granted to the Applicant to amend Development Application SPP-21-00002 and rely on the amended architectural plans listed at condition 2.1.1 of Annexure A. 2) Pursuant to Section 8.15(3) of the EPA Act, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the amount of $20,000 within 28 days of these orders. 3) The appeal is upheld. 4) The Applicant's written request made pursuant to clause 4.6 of Blacktown Local Environmental Plan 2015 (BLEP) in relation to the proposed non-compliance with clause 4.3 of the BLEP (Height of Buildings), prepared by Willow Tree Planning and dated 14 September 2021 is upheld. 5) Consent is granted to Development Application SPP-21-00002, lodged on 12 March 2021, as amended, for demolition of existing buildings and construction of a 15-storey mixed-use development comprising a ground level pub, first floor function centre and 13 residential levels consisting of 139 apartments with 6 basement levels of car parking at 34-46 Flushcombe Road, Blacktown, subject to the conditions in Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed-use – residential apartment development – cl 4.6 written request – agreement between the parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 4.3, 4.6, 5.21, 7.2, 7.3, 7.4, 7.5, 7.6, 7.7, 7.7A, 7.9, 7.12, 7.14 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) Category: Principal judgment Parties: Eastview (Australia) Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J McKelvey (Applicant) G Hartley (Solicitor) (Respondent)