Walton and Anor v Blacktown City Council [2007] NSWLEC 214

Land and Environment Court of New South Wales

CITATION : Walton and Anor v Blacktown City Council [2007] NSWLEC 214

APPLICANT L Walton PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10552 of 2006

CORAM: Hussey C

KEY ISSUES: Section 96 Application :- s 96 Modification to transitional group home consent, maximum population numbers, number of car parking spaces.

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No 9 Blacktown Local Environmental Plan 1988

CASES CITED: Walton v Blacktown City Council [2006] NSWLEC 451

DATES OF HEARING: 18/04/2007

DATE OF JUDGMENT: 19 April 2007

APPLICANT Mr L. Walton, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr P. Kelso, solicitor of Norman Waterhouse Lawyers

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

19 April 2007

10552 of 2006 L Walton v Blacktown City Council

JUDGMENT Background. 1 This appeal concerns a s 96 Modification application to conditions of consent imposed on a development consent for a transitional group home at 11 Fullam Road, Blacktown. The development consent was granted by the Court on 29 November 2006. The conditions sought to be modified relate to: o Condition 2; which imposed a maximum number of 8 persons, with the proviso of an increase to 10 in emergency circumstances, allowed to be accommodated in the home, 2 The applicant initially sought to have the maximum number of persons increased to 10, but during the hearing requested this be increased to 12 persons. o Condition 3; which required the provision of 2 car parking spaces on the site.