Busby Homes NSW Pty Ltd v Blacktown City Council [2025] NSWLEC 1105

Busby Homes NSW Pty Ltd v Blacktown City Council [2025] NSWLEC 1105

The appeal is upheld and consent granted as the proposal satisfies all requirements of the relevant planning instruments, the environmental and infrastructure preconditions are met, and no adverse impact is identified.

Parties
Applicant: Busby Homes NSW Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
25 February 2025
Procedural Posture
Class 1 Appeal (development Application) / Judgment Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Appeal Against Deemed Refusal, Consent Orders, Subdivision, Environmental Planning
Planning and Environment Law Development Application Appeal Against Deemed Refusal Consent Orders Subdivision Environmental Planning

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Parties

Busby Homes NSW Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Judgment Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposal satisfies the relevant planning controls and statutory requirements for consent
  2. 2 Whether the amended application can be granted consent under applicable environmental and planning policies
  3. 3 Whether site suitability and potential environmental impacts have been properly addressed

Ratio Decidendi

The appeal is upheld and consent granted as the proposal satisfies all requirements of the relevant planning instruments, the environmental and infrastructure preconditions are met, and no adverse impact is identified.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No 23-01109 is determined by grant of consent subject to conditions at Annexure A.