NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Blacktown City Council v Haddad [2012] NSWLEC 224 Hearing dates: 13 June 2012 Decision date: 28 September 2012 Jurisdiction: Class 4 Before: Pepper J Decision: 1. the Court declares that the Complying Development Certificate C11-039 dated 12 October 2011 ("the CDC") for the construction of a two storey building at 31 Cornelia Road, Toongabbie ("the proposed development") issued by the first respondent is void and of no effect; 2. the Court orders that the second and third respondents be restrained from carrying out any works on the proposed development pursuant to the CDC; and 3. the Court orders that the first, second and third respondents pay the applicant's costs of the proceedings. Catchwords: DEVELOPMENT CONSENT - whether a complying development certificate validly issued - whether proposed development properly characterised as a permanent group home under relevant planning instrument - whether accommodation proposed constituted a dwelling -if so, whether it was to be occupied as a single household - whether properly characterised the development to be used to provide permanent accommodation for socially disadvantaged people - whether concept of socially disadvantaged includes financially disadvantaged - complying development certificate invalid. Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4, 76A(5), 85(3)
Interpretation Act 1987 s 35
State Environmental Planning Policy (Affordable Rental Housing) 2009 cls 3, 4(2), 6(1)(a), 42, 43, 45, 47(1), Pt 2 Div 7, Sch 2
State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Cases Cited: Ashfield Municipal Council v Australian College of Physical Education Ltd (1992) 76 LGRA 151
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