Volfneuk v Blacktown City Council [2024] NSWLEC 1793

Land and Environment Court New South Wales

Medium Neutral Citation: Volfneuk v Blacktown City Council [2024] NSWLEC 1793 Hearing dates: Conciliation Conference held on 28 November 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to development application DA-23-00646 for the removal of existing vegetation, consolidation of two lots into one lot, construction of 2 x 6 storey residential flat buildings comprising 58 apartments with one level of basement car parking containing 50 car parking spaces, execution of Voluntary Planning Agreement for water quality management and associated civil, stormwater and landscaping works at 52 Luxford Road, Mount Druitt, legally known as Lots 2 and 4 in DP 574410, subject to the conditions of consent at Annexure A. (3) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Court orders the Applicant to pay the costs of the Respondent council thrown away as a result of the amendment of the application for development consent on 16 September 2024 in the amount of $12,000 within 28 days. Catchwords: DEVELOPMENT APPEAL – residential flat building – 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, 5.21, 7.5, 7.7 Environmental Planning and Assessment Regulation 2021, ss 23, 27, 29, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Pt 6.2, ss 6.6, 6.7, 6.8, 6.8, 6.9 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Housing) 2021, s 145, Sch 9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 State Environmental Planning Policy No 65—Design Quality of Residential Flat Development Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide (July 2015) Category: Principal judgment Parties: Alexander Volfneuk (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Hannam (Applicant) R O'Gorman-Hughes (Respondent)