Maskeen & Co Pty Ltd v Blacktown City Council [2024] NSWLEC 1606

Land and Environment Court New South Wales

Medium Neutral Citation: Maskeen & Co Pty Ltd v Blacktown City Council [2024] NSWLEC 1606 Hearing dates: Conciliation Conference on 16 September 2024 Date of orders: 01 October 2024 Decision date: 01 October 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application DA-23-00104 for the demolition of structures on the site, excavation, tree removal and construction of an 84 place single-storey childcare centre with basement car parking and associated works at 18 Nelson Street, Mt Druitt NSW 2770 is determined by the grant of consent subject to conditions contained in Annexure A. Catchwords: DEVELOPMENT APPEAL – centre based child care facility – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979, s 34 Blacktown Local Environmental Plan 2015, cll 4.3, 4.4, 5.10, 5.21, 7.2, 7.5, 7.7 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, ss 2.48, 2.98, 2.120, 2.122, 3.3, 3.25, 3.26, Sch 3 Texts Cited: Blacktown City Council Community Participation Plan 2022 - 2024 Category: Principal judgment Parties: Maskeen & Co Pty Ltd ACN 660 073 496 (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Farrell (Applicant) M Fozzard (Respondent)