NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Malass v Blacktown City Council [2017] NSWLEC 1043 Hearing dates: 6,7 December 2016 Date of orders: 07 February 2017 Decision date: 07 February 2017 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is dismissed. 2. Development Application No. 16-02942 for the demolition of existing dwellings and construction of a residential flat building at 11-13 Clifton Street Blacktown is refused. 3. The exhibits are returned with the exception of exhibits 2 and A. 4. The applicant is to pay costs under s97B of the Environmental Planning and Assessment Act 1979, as agreed or as assessed. Catchwords: DEVELOPMENT APPLICATION: demolition of existing dwellings and construction of a 6 storey residential flat building containing 46 units - inadequate setbacks and building separation - inadequate on site car parking –inadequate waste collection access - poor solar access Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 Cases Cited: Futurespace Pty Ltd v Ku-ring-gai Council [2009] NSWLEC 153 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Rabi Malass (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr P Clay SC (Applicant) Mr A Seton, solicitor (Respondent)
Solicitors: Conomos Legal (Applicant) Marsdens Law Group (Respondent) File Number(s): 2016/160166 Publication restriction: No
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