ArtMade Architectural Pty Ltd v Blacktown City Council [2021] NSWLEC 1552

ArtMade Architectural Pty Ltd v Blacktown City Council [2021] NSWLEC 1552

The Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because the relevant statutory planning requirements were met, including owner consent, contamination suitability, child care facility controls, consideration of the Childcare Planning Guideline, permissibility in the R2 Low Density Residential zone, compliance with the 9m height standard, availability of essential services and consideration of submissions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
22 September 2021
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 20 00245 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; Development Application DA-20-00245 (as amended) approved subject to conditions.
Legal Topics
['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Proceedings'] ['development Application' 'child Care Centre' 'amended Plans' 'conciliation Conference' 'agreement Between the Parties' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application DA 20 00245 / Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could make the agreed decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether amended Development Application DA-20-00245 for demolition of structures and construction of a 48-place childcare centre, basement parking and ancillary civil works should be approved subject to conditions.' 'Whether relevant statutory planning requirements concerning owner consent, contamination, child care facility controls, zoning, height, essential services and notification were satisfied.']

Ratio Decidendi

The Commissioner was satisfied that the parties' agreed decision was one the Court could make in the proper exercise of its functions because the relevant statutory planning requirements were met, including owner consent, contamination suitability, child care facility controls, consideration of the Childcare Planning Guideline, permissibility in the R2 Low Density Residential zone, compliance with the 9m height standard, availability of essential services and consideration of submissions. Under s 34(3) of the Land and Environment Court Act 1979, the Court was therefore required to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; Development Application DA-20-00245 (as amended) approved subject to conditions.

Orders

  • ['The appeal is upheld.' "Development Application DA-20-00245 (as amended) for demolition of existing buildings and construction of a 48-place child care centre, basement car parking and ancillary civil works on the land at 6 Dixon Street, Mount Druitt NSW is approved subject to the conditions set out at Annexure...