Anvest Holdings Pty Ltd v Blacktown City Council [2023] NSWLEC 1158

Land and Environment Court New South Wales

Medium Neutral Citation: Anvest Holdings Pty Ltd v Blacktown City Council [2023] NSWLEC 1158 Hearing dates: 7-9 February 2023: Submissions on 23 February, 27 February 2023, and 17 March 2023 Date of orders: 5 April 2023 Decision date: 05 April 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The appeal is upheld. (2) Restrictions 5, 6, 7 and 19 contained in the section 88B instrument relating to DP1254249 do not apply to the development the subject of Land and Environment Court Proceedings 2022/101518, to the extent necessary to enable the development the subject of the grant of consent to be carried out. (3) Development application DA-22-00049 for proposed lot amalgamation and construction of a centre-based child care facility with associated landscaping and carparking is determined by the grant of consent, subject to conditions of consent at Annexure A (4) All Exhibits are returned, except for Exhibits D and E. Catchwords: DEVELOPMENT APPLICATION: centre based child care facility – Blacktown Growth Centres Precinct Plan – Clydesdale House Precinct Plan Control Area – streetscape character – restriction as to user Legislation Cited: Conveyancing Act 1919, s 88E Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.14 Environmental Planning and Assessment Regulation 2000 cl 55 Heritage Act 1977, s 38A, 57, 62 Land and Environment Court Act 1979, s 39 Local Government Act, ss 223, 335 State Environmental Planning Policy (Education Establishments and Child Care) 2017, cl 23 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Precincts – Central River City) 2021, ss 1.4, 1.9A, 3.10 App 11ss 4.3, 4.4, 5.10, 6.1, Sch 5, State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9, Ch 3 Cases Cited: Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Willoughby Municipal Council v Huxley Homes Pty Ltd [1989] NSWLEC 135 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Blacktown Development Control Plan 2015 NSW Planning & Environment, Child Care Planning Guidelines, August 2017 Category: Principal judgment Parties: Anvest Holdings Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)