Akula v Blacktown City Council [2019] NSWLEC 1022

Land and Environment Court New South Wales

Medium Neutral Citation: Akula v Blacktown City Council [2019] NSWLEC 1022 Hearing dates: 10-12 December 2018 Date of orders: 24 January 2019 Decision date: 24 January 2019 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) The applicant is granted leave to rely on amended plans. (2) The applicant is to pay the respondent's costs thrown away as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is dismissed. (4) Development Application DA-16-03709 for alterations and additions to a heritage item for the purposes of operating a child care centre at 174 Glenwood Park Drive, Glenwood is refused. (5) The exhibits are returned other than Exhibits A and 1. Catchwords: DEVELOPMENT APPLICATION – impacts on heritage item; insufficient information to assess heritage impacts including of acoustic barriers and outdoor play area structures; site suitability for scale of development proposed; car parking, access and traffic impacts; landscaping; neighbour objections Legislation Cited: Blacktown Local Environmental Plan 2015 Education and Care Services National Regulation Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 Cases Cited: McDonald's Australia Limited v Ashfield Council (No 2) [2012] NSWLEC 268 Texts Cited: Blacktown City Council Child Care Centre Guide 2016 Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Rao Akula (Applicant) Blacktown City Council (Respondent) Representation: Solicitors: M Mantei, Planning Law Solutions (Applicant) D Loether, Bartier Perry (Respondent) File Number(s): 2017/366187 Publication restriction: No