Makinie (No 2) Pty Ltd v Blacktown City Council [2023] NSWLEC 1205

Land and Environment Court New South Wales

Medium Neutral Citation: Makinie (No 2) Pty Ltd v Blacktown City Council [2023] NSWLEC 1205 Hearing dates: Conciliation conference on 4 April 2023 Date of orders: 03 May 2023 Decision date: 03 May 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted to the Applicant to amend Development Application DA-22-00614, to rely on the documents specified in Annexure A. (2) The appeal is upheld. (3) Development consent is granted to development application DA-22-00614 seeking consent for the consolidation of two (2) lots, removal of trees, demolition of existing structures and construction of a one hundred and forty six (146) place single-storey childcare centre with basement car parking and associated works at 94-98 Jersey Road, Dharruk NSW 2770, subject to the conditions in the annexure marked B. Catchwords: DEVELOPMENT APPLICATION: centre based child care facility in R2 Low Density Residential zone – conciliation conference – agreement between parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 4.3, 4.4, 5.21, 7.2, 7.5 Education and Care Services National Regulations 2011, regs 107, 108 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.6, 6.9, 6.10, 6.11, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.122, 3.22, 3.23, 3.25 Environmental Planning and Assessment Regulation 2021, s 38 Texts Cited: NSW Department of Planning and Environment, Child Care Planning Guideline, August 2017 Category: Principal judgment Parties: Makinie (No 2) Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Frangi (Solicitor) (Applicant) A Rutherford (Solicitor) (Respondent)