Fuller Street Pty Ltd v Blacktown City Council [2023] NSWLEC 1023

Land and Environment Court New South Wales

Medium Neutral Citation: Fuller Street Pty Ltd v Blacktown City Council [2023] NSWLEC 1023 Hearing dates: 8, 9, 18 August, Written Submissions 21, 30 September, 1 October 2022 Date of orders: 19 January 2023 Decision date: 19 January 2023 Jurisdiction: Class 1 Before: Dickson C Decision: In proceedings 2021/364495, the Court orders: (1) The appeal is upheld. (2) Development application DA-20-01659 for the construction of a 2-storey boarding house consisting of nine self-contained rooms, a self-contained managers room, on site parking, tree removal and landscaping at 73 Fuller Street, Mount Druitt is determined by the grant of consent subject to the conditions in Annexure A. (3) Exhibits are returned with the exception of Exhibits 1, A and C. In proceedings 2021/364488, the Court orders: (1) The appeal is upheld. (2) Development application DA-20-1655 for the construction of a 2-storey boarding house consisting of nine self-contained rooms, a self-contained managers room, on site parking, tree removal and landscaping at 71 Fuller Street, Mount Druitt is determined by the grant of consent subject to the conditions in Annexure B. (3) Exhibits are returned with the exception of Exhibits R1, A1 and C1. Catchwords: DEVELOPMENT APPLICATIONS – two adjoining sites – a proposed boarding house on each site – do the proposed development exhibit design excellence – are the proposed developments compatible with the character of the locality – are the likely impacts of the proposed development on adjoining properties acceptable – is the amenity of the proposed boarding houses acceptable – appeals upheld. Legislation Cited: Blacktown Local Environmental Plan 2015 cll 4.3, 5.21, 7.7 Environmental Planning and Assessment Act 1979 ss 4.15, 8.9 Environmental Planning and Assessment Regulation 2000 cl 49 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009 cll 29, 30, 30A, 30AA, Div 3 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021 Sch 7A State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy Resilience and Hazards 2021 s 4.6 Cases Cited: Arxidia Pty Ltd v Randwick City Council; Arthur Wong Pty Ltd v Randwick City Council [2017] NSWLEC 1463 CK Design Pty Ltd v Penrith City Council [2022] NSWLEC 97 HP Subsidiary Pty Ltd v Parramatta City Council [2020] NSWLEC 135 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Toga Penrith Developments Pty Limited v Penrith City Council [2022] NSWLEC 117 Texts Cited: Apartment Design Guide 2015 Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Fuller Street Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: S Berveling (Applicant) A Hemmings (Respondent)