Luxland Tallawong Pty Ltd v Blacktown City Council [2022] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Luxland Tallawong Pty Ltd v Blacktown City Council [2022] NSWLEC 1358 Hearing dates: Conciliation conference on 21 March, 4 and 13 April, 3 and 13 May, 2, 7, 28 and 30 June 2022 Date of orders: 07 July 2022 Decision date: 07 July 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. (2) The appeal is upheld. (3) Development Consent is granted to Development Application DA-21-01536 for the Construction of a single storey, 93 place childcare centre with basement car parking, retaining walls, fencing and associated landscaping at Lot 36 DP 1239464, Sweet Street, Rouse Hill, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties -– orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Interpretation Act 1987, ss 5, 30A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy Amendment (Precincts) 2021 State Environmental Planning Policy (Educational Establishments and Childcare Facilities) 2017 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Blacktown City Council, Community Participation Plan2019 NSW Department of Planning and Environment, Child Care Planning Guideline, (August 2017) Category: Principal judgment Parties: Luxland Tallawong Pty Ltd ACN 645437565 (Applicant) Blacktown City Council (Respondent) Representation: Counsel: S Patterson (Solicitor) (Applicant) K Law (Solicitor) (Respondent)