NSW Caselaw
Land and Environment Court of New South Wales
CITATION : North Western Estates Pty Ltd v Blacktown City Council [2009] NSWLEC 1143 This decision has been amended. Please see the end of the judgment for a list of the amendments.
APPLICANT North Western Estates Pty Ltd PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10952 of 2008
CORAM: Murrell C
KEY ISSUES: SECTION 96 MODIFICATION :- to change s88B single storey restriction on dentified lots in approved subdivision; Impact on heritage item and curtilage
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988
DATES OF HEARING: 11/02/2009 and 12/02/2009
DATE OF JUDGMENT: 12 May 2009
APPLICANT Ms J. Hewitt, solicitor with D. Le Breton of HWL Ebsworth LEGAL REPRESENTATIVES:
RESPONDENT Mr P. Marincowitz, solicitor of DLA Phillips Fox
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Murrell C
12 May 2009
10952 of 2008 North Western Estates Pty Ltd v Blacktown City Council
JUDGMENT 1 The applicant in these proceedings is seeking to modify a consent granted by Blacktown City Council (the respondent) for a residential subdivision. This appeal is under section 96(6) of the Environmental Planning and Assessment Act and the modification application is to reduce the number of lots affected by a section 88 B restriction as to user, that has the effect of limiting the height of residential development to a single storey.
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