Burns Aldis Engineers Managers v Blacktown City Council [2007] NSWLEC 413

Burns Aldis Engineers Managers v Blacktown City Council [2007] NSWLEC 413

The proposed centre was permissible with consent and generally consistent with the relevant objectives of the LEP and the 2(a) zone; the evidence did not establish unacceptable impacts on amenity, safety, noise, traffic, car parking, public services, streetscape or property values, and the agreed revised conditions appropriately regulated hours of operation. The appeal was therefore upheld and development consent granted in accordance with the consent orders.

Jurisdiction
Australia
Judgment Date
25 June 2007
Procedural Posture
Development Application Appeal Concerning Conditions on Development Consent for a Two Storey Advocacy Counselling and Referral Centre / Section 34 Conference on Site; Consent Orders Sought After Negotiations
Outcome
Appeal upheld; development consent granted in accordance with consent orders.
Legal Topics
['development Application' 'conditions of Consent' 'hours of Operation' 'residential Zoning' 'community Facilities' 'streetscape' 'noise Impacts' 'traffic and Car Parking' 'amenity' 'property Values']
['planning and Environment Law' 'development Consent'] ['development Application' 'conditions of Consent' 'hours of Operation' 'residential Zoning' 'community Facilities' 'streetscape' 'noise Impacts' 'traffic and Car Parking' 'amenity' 'property Values']

Case Brief

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Procedural Posture

Development Application Appeal Concerning Conditions on Development Consent for a Two Storey Advocacy Counselling and Referral Centre / Section 34 Conference on Site; Consent Orders Sought After Negotiations

Legal Issues

  1. 1 ['Whether the proposed advocacy counselling and referral centre was permissible and consistent with the objectives of the 2(a) residential zone under the Blacktown Local Environmental Plan.' 'Whether the agreed revised conditions for hours of operation should be accepted.' 'Whether the proposed development would cause unacceptable impacts concerning anti-social behaviour, safety of children, noise, cigarette smoke, traffic, car parking, streetscape, amenity or property values.']

Ratio Decidendi

The proposed centre was permissible with consent and generally consistent with the relevant objectives of the LEP and the 2(a) zone; the evidence did not establish unacceptable impacts on amenity, safety, noise, traffic, car parking, public services, streetscape or property values, and the agreed revised conditions appropriately regulated hours of operation. The appeal was therefore upheld and development consent granted in accordance with the consent orders.

Court Disposition

Appeal upheld; development consent granted in accordance with consent orders.

Orders

  • ['The orders of the Court are in accordance with the consent orders, Exhibit 1, which will be retained.']