Fitzpatrick Investments Pty Ltd v Blacktown City Council [2012] NSWLEC 1133

Land and Environment Court New South Wales

Medium Neutral Citation: Fitzpatrick Investments Pty Ltd v Blacktown City Council [2012] NSWLEC 1133 Hearing dates: 8 May 2012 Decision date: 25 May 2012 Jurisdiction: Class 1 Before: Dixon C Decision: (1)The appeal is upheld. (2)Development consent DA07/1856 is modified by the deletion of condition 65(b). (3)The exhibits are returned. Catchwords: Modification application - the deletion of a condition of a development consent requiring the registration of a s 88B instrument on the title of each lot of a subdivision; the condition was imposed to protect and maintain trees; is the condition unnecessary and/or inappropriate in circumstances where tree removal already requires the council's consent. Legislation Cited: Environmental Planning and Assessment Act 1979 Conveyancing Act 1919 Blacktown Local Environmental Plan, 1998 Blacktown Development Control Plan 2006 Cases Cited: Arkibuilt Pty Ltd v Ku-ring-gai Council [2006] NSWLEC 502 Antoun v Wollondilly Shire Council (2009) NSWLEC 1308 BTG Planning v Blacktown City Council [2008] NSWLEC 1500 Charles Family Kindergarten Limited v Council of the City of Sydney [2006] NSWLEC 590 Hillpalm Pty Limited v Heaven's Door Pty Limited (204) 220 CLR 472 Telstra Corporation Limited v Hornsby Shire Council (2006) 146LGERA 10 Walton v Blacktown City Council [2006] NSWLEC 451 Category: Principal judgment Parties: Fitzpatrick Investments Pty Limited (Applicant)