Isaac Property Development Pty Limited v Blacktown City Council [2022] NSWLEC 1588

Land and Environment Court New South Wales

Medium Neutral Citation: Isaac Property Development Pty Limited v Blacktown City Council [2022] NSWLEC 1588 Hearing dates: 13 September, 14 September, 15 September 2022 Date of orders: 26 October 2022 Decision date: 26 October 2022 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No. 20-01284 for the construction and use of a three-storey commercial building consisting of basement car parking, food and drink premises on ground floor, gymnasium on ground and mezzanine floors and a childcare centre on levels 1 and 2; the construction and operation of a take away food and drink premises with drive through facility; associated car parking, landscaping and signage; and consolidation of the existing 3 lots into 2 new lots, at 81-91 Railway Terrace, Schofields, is approved, subject to the conditions of consent at Annexure A. (3) The exhibits, other than 1 and A, are returned. Catchwords: DEVELOPMENT APPLICATION – construction of a three-storey commercial building with basement parking for use as a food and drink premises, a childcare centre and a gymnasium, construction of a fast-food premises with drive through facility, on-grade car parking, landscaping and signage – whether the proposal is consistent with the desired future character for the Schofields Neighbourhood Centre – riparian management Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.46, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Environmental Planning and Assessment Regulation 2021, Sch 6, cl 3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Precincts – Western Parkland City) 2021, cl 3.9 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cl 6C Water Management Act 2000, s 91 Texts Cited: Alex Avenue and Riverstone Precinct Plan 2010 Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Natural Resources Access Regulator, Guidelines for controlled activities on waterfront land (2018). Department of Planning & Environment, The Childcare Planning Guideline (2017). Category: Principal judgment Parties: Isaac Property Development Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) G Farland (Respondent)