Madss Properties No 2 Pty Ltd ATF Newtown Property Trust v Blacktown City Council [2019] NSWLEC 1108

Land and Environment Court New South Wales

Medium Neutral Citation: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust v Blacktown City Council [2019] NSWLEC 1108 Hearing dates: 19 February 2019 Date of orders: 19 March 2019 Decision date: 19 March 2019 Jurisdiction: Class 1 Before: Horton C Decision: The orders of the Court are: (1) The Applicant is granted leave to amend the development application and rely on the amended plans in Exhibit A. (2) The appeal is dismissed; (3) Development application DA 16-05368, as amended, for the demolition of existing dwellings and structures on the subject land; construction of a 2-storey residential building; 15 boarding rooms; on-site managers room; common room and associated car parking and landscaping is refused (4) The exhibits are returned, except Exhibits A, C and 1. Catchwords: APPEAL: boarding house; character of local area; design excellence; Legislation Cited: Blacktown Local Environmental Plan 2015 State Environmental Planning Policy (Affordable Rental Housing) 2009 Texts Cited: 'Supporting new generation boarding houses', NSW Department of Planning and Environment 'Explanation of Intended Effect: proposed amendment to the State Environmental Planning Policy (Affordable Rental Housing) 2009', Department of Planning and Environment The Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Madss Properties No 2 Pty Ltd ATF Newtown Property Trust (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Clay SC (Applicant) A Pearman (Respondent)