SH7 Best Rd Pty Ltd v Blacktown City Council [2018] NSWLEC 1640

Land and Environment Court New South Wales

Medium Neutral Citation: SH7 Best Rd Pty Ltd v Blacktown City Council [2018] NSWLEC 1640 Hearing dates: 8 – 9 November 2018 Date of orders: 13 December 2018 Decision date: 13 December 2018 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The request to vary the height of buildings standard, at cl. 4.3 of Blacktown Local Environmental Plan 2015 is not sustained. (2) The appeal is dismissed. (3) Development Application DA-18-00360 for alterations and additions to an approved, but unconstructed, six storey residential building at 124-132 Best Road Seven Hills is refused. (4) The exhibits are returned with the exception of Exhibit 1, 2 and A. Catchwords: DEVELOPMENT APPLICATION: application for additional height to an approved residential flat building – additional height sought to accommodate an additional storey and six apartments – variation to maximum height standard requested – variation not upheld – insufficient justification for the breach – appeal dismissed Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Cases Cited: Abrams v Pittwater Council (2007) 156 LGERA 446 [2018] NSWLEC 85 Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Broadview Group Pty Ltd v Cumberland Council [2017] NSWLEC 1467 Gejo Pty Limited v Canterbury – Bankstown Council [2017] NSWLEC 1712 Initial Action v Woollahra Municipal Council [2018] NSWLEC 118 Kolpos Pty Ltd v Canterbury Bankstown Council [2016] NSWLEC 1572 Warringah Shire Council v Sedevcic (1987) 63 LGRA 361 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: SH7 Best Road Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Tomasetti, SC (Applicant) P McEwan, SC (Respondent)