Popal v Blacktown City Council [2017] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Popal v Blacktown City Council [2017] NSWLEC 1137 Hearing dates: 15-17 February 2017 Date of orders: 22 March 2017 Decision date: 22 March 2017 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: multi dwelling housing; whether two storey development at rear; whether consistent with zone objectives; weight to be given to new local environmental plan; whether consistent with future character; design considerations Legislation Cited: Environmental Planning and Assessment Act 1979; Blacktown Local Environmental Plan 1988; Blacktown Local Environmental Plan 2015 Cases Cited: Luxe Manly Pty Limited v Northern Beaches Council [2016] NSWLEC 156 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Abdullah Popal (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr C Ireland (Applicant)

Solicitors: Mr N Palmer Coleman Greig (Applicant)

Mr A Seton Marsdens Law Group (Respondent) File Number(s): 165932/2016

Judgment 1. Mr Popal lodged Development Application No. 15/990 with Blacktown City Council on 5 May 2015 seeking consent for demolition of existing structures and construction of a multi dwelling housing development comprising 8 townhouses with basement carparking at 54-56 Gilbert Crescent, Kings Langley. 2. The council refused consent and Mr Popal is appealing that decisions pursuant to the provisions of s97(1) of the Environmental Planning and Assessment Act 1979 (EP&AAct).