St Maurice Aged Care Ltd v Blacktown City Council [2024] NSWLEC 1790

Land and Environment Court New South Wales

Medium Neutral Citation: St Maurice Aged Care Ltd v Blacktown City Council [2024] NSWLEC 1790 Hearing dates: 2-3 and 24 October 2024; final agreed conditions filed 14 November 2024 Date of orders: 03 December 2024 Decision date: 03 December 2024 Jurisdiction: Class 1 Before: Dixon SC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to development application no. DA-23-00720 for demolition works, tree removal and the construction of a seniors living development comprising a 6-storey building including 3 basement levels for car parking, 42 residential aged care rooms comprising 60 beds and 27 independent living units, 56 car spaces, café, medical centre and commercial uses, and landscaping on land at 54-56Kildare Road and 1A Carinya Street, Blacktown, subject to the conditions of consent in Annexure A. (4) The exhibits are to be returned following publication of the judgment, except for Exs A-C, E and 4. Catchwords: APPEAL – concept development application – seniors living development – consistency with concept plan – motion to rely upon a further set of amended plans and documents – all merit contentions are resolved Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.15(3) Blacktown Local Environmental Plan 2015, cll 4.3, 4.6 State Environmental Planning Policy (Housing) 2021, ss 87, 93 Cases Cited: Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Category: Principal judgment Parties: St Maurice Aged Care Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) M Astill (Respondent)