Hope No. 1 Pty Ltd v Blacktown City Council [2019] NSWLEC 1121

Land and Environment Court New South Wales

Medium Neutral Citation: Hope No. 1 Pty Ltd v Blacktown City Council [2019] NSWLEC 1121 Hearing dates: 11 March 2019 Date of orders: 02 April 2019 Decision date: 02 April 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is dismissed. (2) Development Application No. DA-17-01113 for a two storey boarding house of 15 boarding rooms, managers room, common rooms and associated car parking at 1 Miami Street, Glenwood is refused. (3) The exhibits are returned with the exception of Exhibits A, B, and 1. Catchwords: DEVELOPMENT APPLICATION: New boarding house – compatibility with character of the local area – car stacker has inadequate clearance – whether parking rates should be varied – appeal dismissed Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy No 55—Remediation of Land The Hills Local Environmental Plan 2012 Cases Cited: Arkibis Pty Ltd t/a Arkhaus v Randwick City Council [2019] NSWLEC 1020 Dimitri Dilles v Randwick Council [2017] NSWLEC 1202 Epping Property Developments Pty Ltd v Parramatta Council [2017] NSWLEC 1095 Luxe Manly Pty Limited v Northern Beaches Council [2016] NSWLEC 156 Project Venture Developments Pty Ltd v Pittwater Council [2005] NSWLEC 191 Valen Properties v Hurstville City Council [2015] NSW LEC 1045 Sheer Property Group Pty Ltd v Randwick City Council [2013] NSWLEC 1168 Turner Architects v City of Botany Bay Council [2016] NSWLEC 1186 Texts Cited: Blacktown Development Control Plan 2015 RMS Guide to Traffic Generating Developments 'Explanation of Intended Effect': Proposed amendment to State Environmental Planning Policy (Affordable Rental Housing) 2009- Boarding Houses Category: Principal judgment Parties: Hope No. 1 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: N Eastman (Applicant)