Walton v Blacktown City Council [2011] NSWLEC 1008

Land and Environment Court New South Wales

Medium Neutral Citation: Walton v Blacktown City Council [2011] NSWLEC 1008 Hearing dates: 30 November and 1 December 2010 Decision date: 21 January 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is upheld. 2. The development application (DA10-702) to use an existing dwelling at 16 Nicholas Street, Blacktown as a group home is approved subject to the conditions in Annexure A. 3. The exhibits, except Exhibits 2 and 5, may be returned. Catchwords: APPEAL - Development application to use existing dwelling as a group home. Impact on amenity, imposition of conditions and classification under the Building Code of Australia. Legislation Cited: Environmental Planning and Assessment Act, 1979 Cases Cited: Jonah Pty Ltd v Pittwater Council (2006) LGERA 408 New Century Developments Pty Limited v Baulkham Hills Shire Council [2003] NSWLEC 154 Walton and anor v Blacktown City Council [2009] NSWLEC 1040 Category: Principal Judgment Parties: Lance and Linda Walton (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Ms F Berglund (Applicant) Mr M Seymour (Respondent) Solicitors: Bartier Perry (Respondent) File Number(s): 10698 of 2010

1This is an appeal against the refusal by Blacktown City Council (the council) of a development application (DA10-702) under the Environmental Planning and Assessment Act 1979 (EPA Act) to use an existing dwelling at 16 Nicholas Street, Blacktown (the site) as a 10 bedroom group home.