Sassine v Blacktown City Council [2022] NSWLEC 1730

Land and Environment Court New South Wales

Medium Neutral Citation: Sassine v Blacktown City Council [2022] NSWLEC 1730 Hearing dates: 13 December 2022 Date of orders: 23 December 2022 Decision date: 23 December 2022 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendments of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application number DA-21-0071, seeking consent for demolition of existing dwelling house and structures and construction of a boarding house comprising of 8 self-contained boarding rooms and associated works at Lot 168 in Deposited Plan 238598, also known as 26 Mawson Road, Tregear, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders. Legislation Cited: Blacktown Local Environmental Plan 2015, cll 2.3, 2.7, 4.3, 4.4, 4.7, 5.10 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environment Planning and Assessment Regulation 2000 cl 55, Sch1 Pt 1 cl 2A Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cll 26, 27, 29, 30, 30A State Environmental Planning Policy (BASIX Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 State Environmental Planning Policy (Housing) 2021, Sch 7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Charbel Sassine (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) L Raffaele (Solicitor)(Respondent)