NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Patane v Blacktown City Council [2020] NSWLEC 1111 Hearing dates: 10 December 2019; submissions 17 January 2019; 31 January; 8 February 2020 Date of orders: 14 April 2020 Decision date: 12 March 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders that: (1) The appeal is upheld. (2) Pursuant to s 8.18(4)(c) of the Environmental Planning and Assessment Act 1979, substitute for the development control order the subject of this appeal the development control order which is annexed and marked 'B'. (3) The exhibits other than Exhibits A and 3 are returned. Catchwords: DEVELOPMENT CONTROL ORDER – whether necessary to comply with BCA – whether demolition required – alternate solutions – discretion 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 Cases Cited: Coffs Harbour Council v Arrawarra Beach Pty Limited (2006) 148 LGERA 11; [2006] NSWLEC 365 Imaroo Flyer Pty Ltd v Berrigan Shire Council [2010] NSWLEC 1251 Texts Cited: Building Code of Australia Category: Principal judgment Parties: Robert Patane (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J McIntosh (Applicant) L Nurpuri (Respondent)
Solicitors: Houston Dearn O'Connor (Respondent) File Number(s): 2019/112488 Publication restriction: No
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