JS Architects Pty Ltd v Blacktown City Council [2023] NSWLEC 1473

Land and Environment Court New South Wales

Medium Neutral Citation: JS Architects Pty Ltd v Blacktown City Council [2023] NSWLEC 1473 Hearing dates: Conciliation conference on 16 March 2023 Date of orders: 22 August 2023 Decision date: 22 August 2023 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development consent is granted to Development Application DA-22-01027, as amended, for the demolition of existing structures, tree removal, and construction of a childcare centre for 109 children and 24 staff, with basement carparking, associated earthworks, retaining walls, stormwater and landscaping works. Catchwords: DEVELOPMENT APPLICATION – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015, cll 4.1, 4.3, Education and Care Services National Regulations 2011 Environmental Planning and Assessment Act 1979, ss 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Texts Cited: Department of Planning, Industry and Environment, Child Care Planning Guideline, October 2021 Category: Principal judgment Parties: JS Architects Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: V Conomos (solicitor) (Applicant) L Raffaele (solicitor)(Respondent)