Restifa & Partners Pty Ltd v Blacktown City Council [2019] NSWLEC 1432

Land and Environment Court New South Wales

Medium Neutral Citation: Restifa & Partners Pty Ltd v Blacktown City Council [2019] NSWLEC 1432 Hearing dates: Conciliation conference on 20 August 2019 Date of orders: 18 September 2019 Decision date: 18 September 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted for the Applicant to rely on the amended plans, drawings and material listed at Annexure A and referred to in part in the conditions of consent at Annexure C; (2) The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), as agreed or assessed. (3) The Amended Clause 4.6 variation application in relation to the height of buildings development standard contained in Clause 4.3 of the SEPP and annexed to this agreement as Annexure B is upheld. (4) The appeal is upheld. (5) Development Application No. SPP-17-00039 (as amended) for: (a) A concept plan for residential and retail uses, building envelopes, public domain elements, landscaping, roads, car parking and associated infrastructure; (b) Torrens title subdivision of two existing lots to create two allotments for residential development, two lots for mixed use development, two lots for the village squares and one lot for public roads; (c) Road and infrastructure works to create new public roads; and (d) Stage 1 development for the construction of residential flat buildings containing 256 apartments with associated car parking, with 111 apartments at a maximum of 8 storeys on proposed Lot 1, and 145 apartments at a maximum of 8 storeys on proposed Lot 2, on Lots 72 and 73 in Deposited Plan 208203, otherwise known as 43 & 53 Cudgegong Road, Rouse Hill, is approved subject to the conditions which are behind Annexure 'C'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders – concept development Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Restifa & Partners Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: B Salon, (Solicitor) (Applicant) D Loether, (Solicitor) (Respondent)