Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031

Land and Environment Court New South Wales

Medium Neutral Citation: Anglican Community Services v Blacktown City Council [2020] NSWLEC 1031 Hearing dates: 18-20 November 2019 Date of orders: 22 January 2020 Decision date: 22 January 2020 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: (1) The Applicant is granted leave to amend the application to rely on amended architectural plans listed in condition 1 of the conditions of consent at Annexure A. (2) The Applicant is to pay the Respondent those costs of the Respondent that have been thrown away as a result of the amendment of the application for development consent, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (3) The appeal is upheld. (4) Development Application No. SPP-18-01556 for a mixed use development comprising three 8 storey buildings containing 60 affordable housing apartments, 54 boarding rooms including a manager's room and 55 residential apartments, is approved, subject to the conditions of consent at Annexure A. (5) The exhibits, other than Exhibits 2, A, H and N, are returned. Catchwords: DEVELOPMENT APPLICATION – mixed use development comprising in-fill affordable housing apartments, a boarding house and residential apartments – compatibility with local character –amenity and separation – setbacks – location of waste room – design excellence – design architect to be retained to undertake detailed design documentation for the purpose of obtaining all required construction certificates 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: Dennes v Port Macquarie-Hastings Council [2018] NSWLEC 95 Lonergan v Ashfield Municipal Council [2011] NSWLEC 1378 Project Venture Developments v Pittwater Council (2005) 141 LGERA 80; [2005] NSWLEC 191 Texts Cited: Apartment Design Guide Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Anglican Community Services (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Pickles SC (Applicant) A Seton (Solicitor) (Respondent)