Clutch Banana Queen Pty Ltd v Blacktown City Council [2022] NSWLEC 1551

Land and Environment Court New South Wales

Medium Neutral Citation: Clutch Banana Queen Pty Ltd v Blacktown City Council [2022] NSWLEC 1551 Hearing dates: Conciliation conference on 6 October 2022 Date of orders: 11 October 2022 Decision date: 11 October 2022 Jurisdiction: Class 1 Before: Walsh C Decision: See Orders at [25] Catchwords: DEVELOPMENT APPLICATION conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 (NSW) Biodiversity Conservation Regulation 2017 (NSW) Blacktown Local Environmental Plan 2015, cll 2.3, 4.3, 5.21, 7.5 Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, ss 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 1.4, 2.48, 3.3, 3.22, 3.23, 3.26, Sch 9 Texts Cited: Blacktown Development Control Plan 2015 Child Care Planning Guideline, NSW Department of Planning and Environment, August 2017 Category: Principal judgment Parties: Clutch Banana Queen Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Jaku (Solicitor) (Applicant) J Smith (Respondent)