Epping Real Estate Pty Ltd v Blacktown City Council [2024] NSWLEC 1442

Land and Environment Court New South Wales

Medium Neutral Citation: Epping Real Estate Pty Ltd v Blacktown City Council [2024] NSWLEC 1442 Hearing dates: Conciliation conference 2 May 2024, 18 July 2024 Date of orders: 16 August 2024 Decision date: 16 August 2024 Jurisdiction: Class 1 Before: Dickson C Decision: In proceedings 2023/317256: The Court orders that: (1) The Applicant is granted leave to rely on the amended development application. (2) The appeal is upheld. (3) Development Application No. DA-23-00932, as amended, seeking consent for use of existing structures at 4 Steel Street, Blacktown NSW as storage premises, warehouse and distribution centre and vehicle repair station including two existing (2) fuel containers is determined by the grant of development consent subject to the conditions in Annexure A. (4) The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment as agreed or assessed. In proceedings 2023/236164: The Court orders that: (1) The appeal is upheld. (2) The Development Control Order issued by the Respondent to the Applicant on 30 June 2023 under Div 9.3 and Sch 5 Pt 1 of the Environmental Planning and Assessment 1979 (EPA Act) is, pursuant to s 8.18(4)(a) of the EPA Act, revoked. (3) Each party shall pay its own costs of these proceedings. Catchwords: DEVELOPMENT APPLICATION – use of existing structures – conciliation conference – amended plans- agreement between the parties – orders made DEVELOPMENT CONTROL ORDER – stop use order – demolish works order- conciliation conference – additional information provided – agreement between the parties – development control order to be revoked – orders made. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.15, 8.18, 9.34 Land and Environment Court Act 1979, s 34, Div 9.3, Sch 5 Pt 1 Blacktown Local Environmental Plan 2015, cll 4.3, 7.7 Environmental Planning and Assessment Regulation 2021, ss 23, 38 State Environmental Planning Policy (Resilience and Hazards) 2021, ss 3.6, 3.11, 3.12, 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.112 Texts Cited: Blacktown Development Control Plan 2015 Department of Planning 'Hazardous and Offensive Development Application Guidelines: Applying SEPP 33', January 2011 Category: Principal judgment Parties: Epping Real Estate Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) S Scheider (Solicitor) (Respondent)