Sethi v Blacktown City Council [2024] NSWLEC 1092

Land and Environment Court New South Wales

Medium Neutral Citation: Sethi v Blacktown City Council [2024] NSWLEC 1092 Hearing dates: Conciliation conference on 15 February 2024 Date of orders: 05 March 2024 Decision date: 05 March 2024 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 Applicants are 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 DA-22-01209, as amended, for the demolition of existing structures, vegetation removal and construction of a single storey child care centre above basement car parking with associated earthworks, retaining walls, fencing, stormwater and landscaping works, at 74 Arnott Road Marayong, legally known as Lot 1 DP 876105, 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: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Land and Environment Court Act 1979, s 34 Blacktown Local Environmental Plan 2015, cl 7.5 Environmental Planning and Assessment Regulation 2021, s 38 Education and Care Services National Regulations 2011 State Environmental Planning Policy (Resilience and Hazards), s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 3, ss 3.23, 3.26 Category: Principal judgment Parties: Himanshu Sethi (First Applicant) Parminder Kaur (Second Applicant) Jatin Sethi (Third Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicants) D Loether (Solicitor) (Respondent)