Walton v Blacktown City Council [2012] NSWLEC 106

Land and Environment Court New South Wales

Medium Neutral Citation: Walton v Blacktown City Council [2012] NSWLEC 106 Hearing dates: 9 May 2012 Decision date: 11 May 2012 Jurisdiction: Class 1 Before: Biscoe J Decision: Appeal dismissed with costs. Catchwords: APPEAL:- against a decision of a Commissioner on a question of law - objection to conditions of development consent - whether conditions of consent imposed only for the reason that the development is for the purpose of a group home contrary to cl 46(1)(b) of State Environmental Planning Policy (Affordable Rental Housing) 2009. Legislation Cited: Civil Procedure Act 2005 s 56 Environmental Planning and Assessment Act 1979 s 79C Land and Environment Court Act 1979 ss 38, 56A State Environmental Planning Policy (Affordable Rental Housing) 2009 cl 46(1)(b) Uniform Civil Procedure Rules 2005 r 31.23, Part 31 Division 2, Schedule 7 Cases Cited: King v Great Lakes Shire Council (1986) 58 LGRA 366 Pittwater Council v A1 Professional Tree Recycling Pty Ltd (No 2) [2008] NSWLEC 325, 165 LGERA 1 Walton v Blacktown City Council [2011] NSWLEC 1008 Walton v Blacktown City Council [2011] NSWLEC 1261 Category: Principal judgment Parties: Lance Walton (Applicant) Blacktown City Council (Respondent) Representation: COUNSEL: Mr L Walton, in person (Applicant) Mr D Loether, solicitor (Respondent) SOLICITORS: N/A (Applicant) Bartier Perry (Respondent) File Number(s): 10829 of 2011