Plumpton Park Developments Pty Ltd v Blacktown City Council and DEXUS Funds Management Limited [2013] NSWLEC 1186

Land and Environment Court New South Wales

Medium Neutral Citation: Plumpton Park Developments Pty Ltd v Blacktown City Council and DEXUS Funds Management Limited [2013] NSWLEC 1186 Hearing dates: 12-13 September 2013 Decision date: 04 October 2013 Jurisdiction: Class 1 Before: Fakes C Decision: (1) The appeal is dismissed. (2) Development Application DA 08-638 for a shopping centre and associated signage, car parking and landscaping on Lot 2, DP 1181255, Jersey Road Plumpton, is determined by refusal. Catchwords: DEVELOPMENT APPLICATION: Shopping centre; impacts of parking and traffic on second respondent's land, an adjoining shopping centre. Legislation Cited: Environmental Planning & Assessment Act 1979 Environment Protection and Biodiversity Conservation Act 1999 Land and Environment Court Act 1979 Threatened Species Conservation Act 1995 State Environmental Planning Policy No 55 - Remediation of Land Blacktown Local Environmental Plan 1988 Draft Blacktown Local Environmental Plan 2013 Cases Cited: DEXUS Funds Management Limited v Blacktown City Council (No 3) [2011] NSWLEC 230 Plumpton Park Developments Pty Limited v Blacktown City Council [2013] NSWLEC 1158 Wehbe v Pittwater Council (2007) 156 LGERA 446 Zhang v Canterbury City Council [2001] NSWCA 167 Category: Principal judgment Parties: Plumpton Park Developments Pty Ltd (Applicant) Blacktown City Council (First Respondent) DEXUS Funds Management Limited (Second Respondent) Representation: Applicant: Mr J Robson SC (Barrister) and Ms A Pearman (Barrister) First Respondent: Mr S Simmington (Solicitor) Second Respondent: Mr I Hemmings (Barrister) Applicant: Eakin McCaffery Cox Lawyers First Respondent: Lindsay Taylor Lawyers Second Respondent: Allens File Number(s): 10110 of 2013