2 - 6 First Ave Blacktown Pty Ltd ATF 2 - 6 First Ave Blacktown Unit Trust v Blacktown City Council [2023] NSWLEC 1221

Land and Environment Court New South Wales

Medium Neutral Citation: 2 - 6 First Ave Blacktown Pty Ltd ATF 2 - 6 First Ave Blacktown Unit Trust v Blacktown City Council [2023] NSWLEC 1221 Hearing dates: Conciliation conference held on 28 April 2023 Date of orders: 10 May 2023 Decision date: 10 May 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on the amended documentation listed in Exhibit CM-2 to the affidavit of Catherine Marginson filed 21 April 2023 and in the conditions at Annexure 'A'. (2) The Applicant is to pay the Respondent's costs thrown away, as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No. SPP-21-00010 for construction of a 25-storey mixed-use development comprising ground level retail, commercial premises on Level 1 and residential apartments above including rooftop areas and 5 levels of basement car parking on Lot 2 Deposited Plan 1214977, also known as 2 - 6 First Avenue, Blacktown is determined by a grant of consent subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – shop top housing with retail and commercial development – design quality – height development standard non-compliance – cl 4.6 written variation request – conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 2.3, 4.3, 4.4, 4.6, 7.5, 7.7, 7.12 Environmental Planning and Assessment Act 1979, ss 2.15, 4.15, 4.16, 4.417, 8.7, 8.15, 9.1 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Planning Systems) 2021, Sch 6, s 2 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.99, 2.100, 2.122 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cl 4 Texts Cited: Blacktown Development Control Plan 2015 NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: 2 - 6 First Ave Blacktown Pty Ltd ATF 2 - 6 First Ave Blacktown Unit Trust (Applicant) Blacktown City Council (Respondent) Representation: Counsel: T To (Applicant) K Lindeman (Respondent)