Smith v Blacktown City Council [2019] NSWLEC 1333

Land and Environment Court New South Wales

Medium Neutral Citation: Smith v Blacktown City Council [2019] NSWLEC 1333 Hearing dates: Conciliation conference on 12 July 2019 Date of orders: 16 July 2019 Decision date: 16 July 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders: (1) Leave is granted to amend the Class 1 application to refer only to s 96(1A) (now s 4.55(1A)) of the Environmental Planning and Assessment Act 1979 (EP&A Act) and delete references to s 96(1) (now s 4.55(1)) of the EP&A Act. (2) The appeal is upheld. (3) Approval is granted to modification application MOD-18-00207 in respect of the property at Lot 260 DP 1201857 and Lot 261 DP 1201857, 6-8 Preli Place Quakers Hill, for the retention of the existing dwelling and the construction of three new detached dwellings in the form of 2 sets of dual occupancies with Torrens title subdivision into 4 residential lots with Lot 3 designated for affordable rental housing under State Environmental Planning Policy (SEPP) 2009 Affordable Rental Housing Scheme, subject to conditions set out in Annexure A. (4) Each party is to bear its own costs of the proceedings (except for the existing costs order). Catchwords: MODIFICATION APPLICATION – changes to nominated affordable housing units – amendment to covenant – conciliation conference – agreement between the parties – orders Legislation Cited: 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 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Robert Smith (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J McKelvey (Respondent)