Mirvac Homes (NSW) Pty Ltd v Blacktown City Council [2000] NSWLEC 86

Land and Environment Court of New South Wales

CITATION : Mirvac Homes (NSW) Pty Ltd v Blacktown City Council [2000] NSWLEC 86 APPLICANT: PARTIES : Mirvac Homes (NSW) Pty Ltd RESPONDENT: Blacktown City Council FILE NUMBER(S) : 10923 of 1999 CORAM: Lloyd J KEY ISSUES: Development :- development application - medium density housing - 73 units on 2.57 ha - merit considerations - weight to be given to draft local environmental plan LEGISLATION CITED: Environmental Planning & Assessment Act 1979, s 97 Blacktown Local Environmental Plan 1998, cl 9(3) CASES CITED: DATES OF HEARING: 03/04/00, 04/04/00 EX TEMPORE 04/04/2000 JUDGMENT DATE :

APPLICANT: M H Tobias QC AND D T Miller (barrister) SOLICITORS: LEGAL REPRESENTATIVES: Coudert Brothers RESPONDENT: A E Galasso (barrister) SOLICITORS: Phillips Fox

JUDGMENT:

Contents

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Issue 1 5

Issue 2 7

Issue 3 8

Issue 4 9

Issue 5 10

Issue 6 11

Issue 7 13

Issue 8 14

Issue 9 15 _______________IN THE LAND AND Matter No: 10923 of 1999 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 4 April 2000

Mirvac Homes (NSW) Pty Ltd ACN 006 922 9998 Applicant

v

Blacktown City Council Respondent

JUDGMENT

HIS HONOUR:

1. By amended plans tendered without objection during the hearing the applicant seeks to develop land at 76 Douglas Road, Blacktown for the purpose of medium density housing and a community title subdivision. The matter comes before the Court as an appeal under section 97 of the Environmental Planning and Assessment Act 1979 against the respondent's refusal of a development application for such development. The subject site has an area of 2.771 hectares. There is at present an existing dwelling on the site fronting Douglas Road and which is to be retained on a separate allotment. The site area without the existing dwelling and its separate allotment is 2.57 hectares.