C2526 Pty Ltd v Blacktown City Council [2024] NSWLEC 1641

C2526 Pty Ltd v Blacktown City Council [2024] NSWLEC 1641

On the evidence, there is no certainty or imminence of Bandon Road widening sufficient to warrant refusal, and the proposed development fully complies with the applicable statutory planning framework. The proposal therefore represents the orderly and economic development of land, and the contention to the contrary is unreasonable and unjustified.

Parties
Applicant: C 2526 Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
15 October 2024
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Orderly Development, Subdivision, Future Road Widening, Integrated Development
Planning and Environment Development Application Orderly Development Subdivision Future Road Widening Integrated Development

Case Brief

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Parties

C 2526 Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Whether the proposed development represents the orderly development of land having regard to the prevailing planning framework
  2. 2 Whether the proposed development fails to consider possible future road widening by TfNSW

Ratio Decidendi

On the evidence, there is no certainty or imminence of Bandon Road widening sufficient to warrant refusal, and the proposed development fully complies with the applicable statutory planning framework. The proposal therefore represents the orderly and economic development of land, and the contention to the contrary is unreasonable and unjustified.

Court Disposition

Appeal upheld; development consent granted

Orders

  • The appeal is upheld.
  • Development consent is granted to staged development application DA23-00246 for removal of trees and an 11 lot Torrens Title subdivision in two stages together with 8 residue lots and one lot for road acquisition, subject to the conditions of consent at Annexure A.