Tinesi Pty Ltd v Blacktown City Council [2024] NSWLEC 1455

Land and Environment Court New South Wales

Medium Neutral Citation: Tinesi Pty Ltd v Blacktown City Council [2024] NSWLEC 1455 Hearing dates: Conciliation conference on 19 July 2024 Date of orders: 01 August 2024 Decision date: 01 August 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs of $15,000 within 28 days of these orders, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The Applicant's written request, pursuant to cl 4.6 of the Blacktown Local Environmental Plan 2015 (BLEP), seeking to vary the development standard for height as set out in BLEP cl 4.3, is upheld. (3) The appeal is upheld. (4) Development Application DA-23-00097 for the demolition of all structures, tree removal, earthworks and construction of associated retaining walls, and construction of a 2 – 4 storey shop-top housing development containing 10 retail shops, 1 supermarket, 1 bottle shop, a medical centre and pharmacy, 64 residential units and basement parking on land described as Lots 1 to 6 in Deposited Plan DP 211530, known as 137, 139 and 141 Newton Road, Blacktown, is determined by the grant of consent, subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – shop-top housing – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16 8.7, 8.15 Land and Environment Court Act 1979, s 34 Blacktown Local Environmental Plan 2015, cll 4.3, 4.6, 7.7 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, Pt 6.2, Div 2, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy 2004 (Building and Sustainability Index: BASIX) State Environmental Planning Policy (Housing) 2021, Sch 7A, ss 8, 147 State Environmental Planning Policy (Industry and Employment) 2021, ss 3.1, 3.6, Sch 5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, 2015 Category: Principal judgment Parties: Tinesi Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: K Glanville (Solicitor) (Applicant) K Law (Solicitor) (Respondent)