Satmell Holdings Pty Ltd v Blacktown City Council (No 2) [2019] NSWLEC 1605

Land and Environment Court New South Wales

Medium Neutral Citation: Satmell Holdings Pty Ltd v Blacktown City Council (No 2) [2019] NSWLEC 1605 Hearing dates: 30 October 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The Applicant is granted leave to rely on the amended plans filed with the Court on 19 June 2018. (2) The objection pursuant to cl 4.6 of Appendix 6 to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 seeking to vary the maximum height standard at cl 4.3 of Appendix 6 to the instrument is upheld. (3) The appeal is upheld. (4) Development consent is granted to Development Application No. SPP – 17 – 00012 for demolition of the existing structure, retention of six trees, subdivision to create two development lots, construction of a three storey residential flat building containing 48 apartments and the construction of 87 townhouses, construction and dedication of new public roads, landscaping and associated stormwater drainage works, subject to the conditions marked Annexure "A". (5) The exhibits from the remitter proceedings are returned. Catchwords: DEVELOPMENT APPEAL – New residential subdivision and development – remitted matter – variation to height control – determination of the relevant contribution rate Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment (Local Infrastructure Contributions Directions) 2012 Environmental Planning and Assessment (Local Infrastructure Contributions Directions) 2012 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Cases Cited: Blacktown City Council v Satmell Holdings Pty Ltd [2019] NSWLEC 93 Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 188 Satmell Holdings Pty Ltd v Blacktown City Council [2018] NSWLEC 1256 The Lawson Clinic Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 36 Texts Cited: Assessment of Contributions Plan 22 for Rouse Hill (Area 20 and Riverstone East): Blacktown City Council, IPART, 2018 Macquarie Dictionary Practice Note: Local Infrastructure Contributions January 2019 Category: Principal judgment Parties: Blacktown City Council (Respondent) Satmell Holdings Pty Ltd(Applicant) Representation: Counsel: S Pritchard SC (Respondent) A Galasso SC (Applicant)