Maham Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1168

Land and Environment Court New South Wales

Medium Neutral Citation: Maham Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1168 Hearing dates: 29-30 January 2019 and 7 March 2019;Submissions filed 14 and 21 March 2019 Date of orders: 16 April 2019 Decision date: 16 April 2019 Jurisdiction: Class 1 Before: Smithson C Decision: (1) The applicant is given leave to amend the development application and rely upon the plans listed at condition 2.1.1 in Annexure "A". (2) The applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development application DA-17-02408 for a boarding house at 35 Kildare Road, Blacktown is approved subject to the conditions set out in Annexure "A". (5) The exhibits are returned other than Exhibits D, E, F, H and 1. Catchwords: DEVELOPMENT APPLICATION: boarding house; breach of LEP height control; whether cl 4.6 written request required; isolated site; consideration of local character; design excellence; requirements of a Plan of Management; waste requirements; gradient of basement ramp; disputed conditions Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development Cases Cited: 193 Liverpool Road Pty Ltd v Inner West Council [2017] NSWLEC 13 Coffs Harbour Environment Centre Inc v Minister for Planning (1994) LGERA 324 Cornerstone Property Group Pty Ltd v Warringah Council [2004] NSWLEC 189, Elcheikh v Cumberland Council [2018] NSWLEC 1165, Hastings Point Progress Association Incorporated v Tweed Shire Council 168 LGERA 99, [2009] NSWCA 285 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Koutsos & Anor v Manly Council [2016] NSWLEC 1121 Panarea Investments Pty Ltd v Manly Council [2015] NSWLEC 1026 Parker Logan Property Pty Ltd v Inner West Council [2018] NSWLEC 1339 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Torr & Torr Realty v Marrickville Council [2012] NSWLEC 1288 Texts Cited: Australian Standards AS2890.1 and AS2890.2 Better Practice Guide for Waste Management in Multi-unit Dwellings (DECC) 2008 Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Maham Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant)