Redsab Pty Ltd v Blacktown City Council [2023] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Redsab Pty Ltd v Blacktown City Council [2023] NSWLEC 1092 Hearing dates: Conciliation conference on 21 September 2022, 4 and 7 November 2022 and 15 December 2022 Date of orders: 02 March 2023 Decision date: 02 March 2023 Jurisdiction: Class 1 Before: Sheridan AC 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 amendment by the Applicant for development consent pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,500 payable within 30 days of these orders being made by the Court. (2) The appeal is upheld. (3) Development consent is granted to development application DA-22-00282 seeking consent for the demolition of structures on the site, excavation, tree removal and construction of a 60 place two-storey childcare centre with basement car parking and associated works at 60 Hobart Street, Riverstone NSW 2765, subject to the conditions in the annexure marked "A". Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 4.3, 4.4, 5.21, 7.2, 7.3, 7.5, 7.7 Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, 3, ss 2.48, 2.98, 2.119, 2.120, 2.122, 3.3. 3.23, 3.26, Sch 3 Texts Cited: Blacktown Development Control Plan 2015 Child Care Planning Guidelines 2017 Category: Principal judgment Parties: Redsab Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: T Poisel (Applicant) J Corradini-Bird (Solicitor) (Respondent)