Moderinn v Blacktown City Council [2006] NSWLEC 101

Land and Environment Court of New South Wales

CITATION : Moderinn v Blacktown City Council [2006] NSWLEC 101

APPLICANT Moderinn Group Pty Limited PARTIES : RESPONDENT Blacktown City Council

FILE NUMBER(S) : 10411 of 2005

CORAM: Brown C

KEY ISSUES: Development Application :- demolition of two existing brick buildings and the construction of 20 dwellings - loss of solar access

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988

DATES OF HEARING: 23/01/06, 02/03/06

DATE OF JUDGMENT: 03/03/2006

APPLICANT Mr C Gough, solicitor SOLICITORS Storey and Gough LEGAL REPRESENTATIVES: RESPONDENT Mr S Simmington, solicitor SOLICITORS Lindsay Taylor Lawyers

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

2 March 2006

10411 of 2005 Moderinn Group Pty Limited v Blacktown City Council

JUDGMENT 1 COMMISSIONER: This is an appeal against the deemed refusal of DA-05-447 for the demolition of two existing brick buildings and the construction of 20 dwellings at 175 Flushcombe Rd, Blacktown.

2 The matter was heard as an On Site Hearing on 23 January 2006 although the proceedings were adjourned to allow the applicant to prepare amended plans. The amended plans were filed on 7 February 2006 and the parties took part in a Telephone Mention on 9 February 2006 to address the amended plans. The site 3 The site is Lot V in DP 4115618 and was formerly used as part of a Survey Office for Sydney Water. It is irregular in shape with the main part of the lot generally square with an access handle to Flushcombe Rd and a street frontage to Swinson Street. The total site area is 6348 square metres.