NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Walton and anor v Blacktown City Council [2009] NSWLEC 1040
APPLICANTS Lance & Linda Walton PARTIES : RESPONDENT Blacktown City Council
FILE NUMBER(S) : 10310 of 2008
CORAM: Moore C - Taylor C
DEVELOPMENT APPLICATION :- Transitional group home KEY ISSUES: Compliance with Building Code of Australia Need for Plan of Management Adequacy of plans and information
SEPP 9 - Permanent and Transitional Group Homes - ss 2 & 5 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 - s 80A(11) Environmental Planning and Assessment Regulation 2000 - s 98 SEPP (Infrastructure) 2007 - s 11
DATES OF HEARING: 15 September and 5 November 2008 and 22 January 2009
DATE OF JUDGMENT: 20 February 2009
APPLICANTS In person LEGAL REPRESENTATIVES: RESPONDENT Ms M-L Taylor, solicitor Bartier Perry
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
MOORE C TAYLOR C
20 February 2009
10310 of 2008 L & L Walton v Blacktown City Council
JUDGMENT
1 COMMISSIONERS: Mr and Mrs Walton own a property on the corner of Joseph and Nicholas Streets at Blacktown. It is a substantial freestanding dwelling house. For some time, Mr and Mrs Walton have operated these premises as a transitional group home. They have done so without the consent of Blacktown City Council.
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