Elias v Blacktown City Council [2022] NSWLEC 1224

Land and Environment Court New South Wales

Medium Neutral Citation: Elias v Blacktown City Council [2022] NSWLEC 1224 Hearing dates: 28 March 2022 Date of orders: 02 May 2022 Decision date: 02 May 2022 Jurisdiction: Class 1 Before: Bradbury AC Decision: The Court orders that: 1. The appeal is dismissed. 2. Modification Application MOD-21-00162 which seeks consent to modify Development Consent DA-20-01245 by reducing the width of the proposed battle-axe access handle is determined by way of refusal. 3. All exhibits are to be returned with the exception of Exhibits 2, A and B, which are retained. Catchwords: MODIFICATION APPLICATION – residential development – modification to reduce width of battle-axe access handle – whether development substantially the same – whether proposed driveway width adequate Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 8.9 Cases Cited: Arrage v Inner West Council [2019] NSWLEC 85 Feldkirchen Pty Ltd v Development Implementation Pty Ltd [2021] NSWLEC 116 Kelly v Randwick City Council [2021] NSWLEC 68 Scrap Realty Pty Ltd v Botany Bay City Council (2008) 166 LGERA 342; [2008] NSWLEC 333 Zhang v Canterbury City Council (2001) 51 NSWLR 589; [2001] NSWCA 167 Texts Cited: Austroads Guide to Traffic Management Blacktown Development Control Plan 2015 Joint Technical Committee CE-001, AS/NZS 2890.1 – Parking Facilities (March, 2004) Category: Principal judgment Parties: Elias Elias (Applicant) Blacktown City Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) A Seton (Solicitor) (Respondent)