Volfneuk v Blacktown City Council [2024] NSWLEC 1793

Volfneuk v Blacktown City Council [2024] NSWLEC 1793

The appeal is upheld and development consent is granted as the jurisdictional prerequisites under applicable planning instruments are satisfied and the parties' agreed position is one that the Court could lawfully adopt under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Alexander Volfneuk; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
11 December 2024
Procedural Posture
Development Appeal / Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions. Applicant to pay $12,000 costs to the Respondent.
Legal Topics
Development Application, Residential Flat Building, Design Excellence, Conciliation Conference, Amendment of Application, Costs
Planning and Environment Law Development Application Residential Flat Building Design Excellence Conciliation Conference Amendment of Application Costs

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Parties

Alexander Volfneuk

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Appeal / Orders After Conciliation Conference

Legal Issues

  1. 1 Whether jurisdictional prerequisites are satisfied for grant of development consent under relevant planning instruments
  2. 2 Whether proposed development satisfies flood, contamination, traffic, noise, water quality, design excellence and essential services requirements

Ratio Decidendi

The appeal is upheld and development consent is granted as the jurisdictional prerequisites under applicable planning instruments are satisfied and the parties' agreed position is one that the Court could lawfully adopt under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted subject to conditions. Applicant to pay $12,000 costs to the Respondent.

Orders

  • The appeal is upheld.
  • Development consent is granted to DA-23-00646 for the removal of vegetation, lot consolidation, construction of two 6-storey residential flat buildings comprising 58 apartments with basement car parking for 50 spaces, voluntary planning agreement for water quality management and associated works at 52 Luxford Road,...