Mookhy v Blacktown City Council [2019] NSWLEC 1359

Land and Environment Court New South Wales

Medium Neutral Citation: Mookhy v Blacktown City Council [2019] NSWLEC 1359 Hearing dates: Conciliation conference on 25 July 2019 Date of orders: 31 July 2019 Decision date: 31 July 2019 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Leave is granted to the Applicants to rely upon the amended plans and documents listed in condition 3 of the Conditions of Consent. (2) The Applicant's written request pursuant to clause 4.6 of Part 4 of Appendix 12 of the SEPP (Sydney Region Growth Centres) 2006 (SRGC SEPP) seeking to justify the breach of the maximum height development standard pursuant to clause 4.3 of Part 4 of Appendix 12 of the SRGC SEPP prepared by Think Planners Pty Ltd dated June 2019 has been considered and I have formed the necessary opinion of satisfaction under clause 4.6(4) of the SRGC SEPP. Consequently, the Applicants' written request is well founded and is upheld. (3) The appeal is upheld. (4) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicants' are to pay those costs of the respondent that were thrown away as a result of amending the development application in a sum as agreed or assessed. (5) Development Application No SPP/17/00037 seeking consent for a 4-staged development comprising the following: (a) Stage 1:- Torrens title subdivision of 1 lot into 2 super lots and one Drainage Reserve (lot 3) and civil works consisting of construction of roads, footpaths and temporary access road and footpath through Stage 4. (b) Stage 2:- Construction of basement Stage 2 and residential apartment buildings A, B, C and D. (c) Stage 3:- Construction of basement Stage 3 and residential apartment building E. (d) Stage 4:- Construction of Basement stage 4 and residential apartment buildings F, G and H; is approved subject to conditions annexed hereto and marked "A". Catchwords: DEVELOPMENT APPLICATION – 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 No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan Category: Principal judgment Parties: Avinash Mookhy (First Applicant) Sarita Mookhy (Second Applicant) Blacktown City Council (Respondent) Representation: Solicitors: B Shamieh, Madison Marcus (Applicants) N Brunton, Norton Rose Fullbright (Respondent) File Number(s): 2018/142606 Publication restriction: No