JS Architects Pty Ltd v Blacktown City Council [2020] NSWLEC 1045

Land and Environment Court New South Wales

Medium Neutral Citation: JS Architects Pty Ltd v Blacktown City Council [2020] NSWLEC 1045 Hearing dates: Conciliation conference on 17 January 2020 Date of orders: 04 February 2020 Decision date: 04 February 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The Applicant is granted leave to rely on the amended plans as referred to in condition 3 of Annexure 'A' for the purpose of the development application. (2) The Applicant is granted leave to rely on the amended clause 4.6 variation entitled 'Cl. 4.6 of the Blacktown LEP 2015 – Request to Vary the Maximum Building Height Development Standard – Proposed Residential Flat Building Development 3,5,7 and 9 Clifton Street, Blacktown' authored by Tudor Planning and Design dated 2 September 2019. (3) The Applicant is to pay the Respondent's costs thrown away by the amendments in 2(a) under s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) as agreed or assessed. (4) The appeal is upheld. (5) Development Application DA-18-00948 which seeks consent for the demolition of existing structures and the erection of a six-storey residential apartment building with basement car-parking is approved subject to the conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Blacktown Local Environmental Plan 2015 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 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: JS Architects Pty Ltd (First Applicant) Nexa Developers Pty Ltd (Second Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Vergotis (Solicitor) (Applicants) N Brunton (Solicitor) (Respondent)