Amez Pty Ltd v Blacktown City Council [2020] NSWLEC 1682

Amez Pty Ltd v Blacktown City Council [2020] NSWLEC 1682

The parties' agreement satisfies all jurisdictional requirements under relevant planning legislation, and the amended development application complies with applicable planning controls, contamination and sustainability standards. The Court is required to grant consent within its statutory function as per the agreement.

Parties
Applicant: Amez Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
24 December 2020
Procedural Posture
Appeal Class 1 Development Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application as amended approved subject to Annexure A conditions; Applicant to pay Respondent's thrown away costs.
Legal Topics
Development Application, Boarding House, Consent Orders, Local Environmental Plan, Affordable Rental Housing
Planning and Environment Law Development Application Boarding House Consent Orders Local Environmental Plan Affordable Rental Housing

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Parties

Amez Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal Class 1 Development Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the amended development application should be approved
  2. 2 Whether jurisdictional and statutory requirements are satisfied
  3. 3 Addressing contamination issues on development site

Ratio Decidendi

The parties' agreement satisfies all jurisdictional requirements under relevant planning legislation, and the amended development application complies with applicable planning controls, contamination and sustainability standards. The Court is required to grant consent within its statutory function as per the agreement.

Court Disposition

Appeal upheld; development application as amended approved subject to Annexure A conditions; Applicant to pay Respondent's thrown away costs.

Orders

  • Applicant granted leave to amend Development Application No. DA-19-00414 to rely upon amended plans and documents.
  • Applicant to pay Respondent's costs thrown away as agreed or assessed.