Walton v Blacktown City Council [2011] NSWLEC 1261

Land and Environment Court New South Wales

Medium Neutral Citation: Walton v Blacktown City Council [2011] NSWLEC 1261 Hearing dates: 3 August 2011 Decision date: 17 August 2011 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld, in part. 2. Development Application No 10-2524 for a five bedroom group home at 8 Kirkman Road, Blacktown is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, A and B. Catchwords: DEVELOPMENT APPLICATION - appeal against conditions imposed on deferred commencement consent for a five bedroom group home - whether the conditions for a resident caretaker, a plan of management, emergency procedures, avoidance of light spill and additional waste facilities are appropriate. Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Principal judgment Parties: Lance Walton and Linda Walton (Applicants)

Blacktown City Council (Respondent) Representation: Counsel Mr C Adamson, solicitor (Applicant)

Mr D Loether, solicitor (Respondent) Solicitors Chris Adamson (Applicant)

Bartier Perry (Respondent) File Number(s): 10017 of 2011

Judgment 1COMMISSIONER: This is an appeal under s 97(1) of the Environmental Planning and Assessment Act 1979 (the EPA Act) against conditions imposed by Blacktown City Council (the council) when granting a deferred commencement consent (Determination No 10-2524) on 9 March 2011 for a five bedroom group home at 8 Kirkman Road, Blacktown (the site). The deferred commencement conditions in Part 1 of the development consent have been satisfied and an operative consent granted by the council. The site is currently being used as a group home in accordance with Determination No 10-2524. 2The proceedings were conducted as an on-site hearing in accordance with s 34AA(2)(a). The site and the group home were inspected at the commencement of the hearing and following the inspection; the remainder of the hearing was conducted at the council offices. 3The applicant seeks to modify some deferred commencement conditions and operational conditions, notwithstanding that the proposed development is currently operational.