Lin v Blacktown City Council [2023] NSWLEC 1386

Land and Environment Court New South Wales

Medium Neutral Citation: Lin v Blacktown City Council [2023] NSWLEC 1386 Hearing dates: Conciliation conference on 27 June 2023 Date of orders: 21 July 2023 Decision date: 21 July 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court Orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that have been thrown away as a result of the Amended Development Application, as agreed or assessed. (2) The Appeal is upheld. (3) Development Application No. DA21/01377, for the demolition of the existing structures and the construction of a two-storey 54 place centre- based child care facility with associated parking for 17 cars on land legally described as Lots 20 and 21 in DP1395 and known as 98 and 98A Elizabeth Street, Riverstone NSW 2765, is determined by the grant of development consent subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – child care centre – amended plans – conciliation conference – agreement reached – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cl 7.5 Education and Care Service National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation, 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Resilience and Hazards), cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, s 3.23 Education and Care Services National Regulations Texts Cited: NSW Department of Planning, Industry and Environment Child Care Planning Guidelines 2017 Category: Principal judgment Parties: Hanna Lin (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) K Mortimer (Solicitor) (Respondent)