Krishathi Pty Limited v Blacktown City Council [2021] NSWLEC 1711

Krishathi Pty Limited v Blacktown City Council [2021] NSWLEC 1711

The Court was satisfied that the agreed approval was within power because the amended development application satisfied relevant planning controls and considerations, including permissibility under the Blacktown Local Environmental Plan 2015, the boarding house provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, maximum height, design excellence, contamination, BASIX, notification and Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997). The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; Development Application DA-21-00559 approved subject to conditions in Annexure A.
Legal Topics
['boarding House Development' 'deemed Refusal' 'amended Development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment Law' 'development Consent'] ['boarding House Development' 'deemed Refusal' 'amended Development Application' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Development Application Appeal Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court could approve the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA-21-00559, as amended, for demolition and construction of a boarding house should be approved subject to conditions.']

Ratio Decidendi

The Court was satisfied that the agreed approval was within power because the amended development application satisfied relevant planning controls and considerations, including permissibility under the Blacktown Local Environmental Plan 2015, the boarding house provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, maximum height, design excellence, contamination, BASIX, notification and Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997). The Court was therefore required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld; Development Application DA-21-00559 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application DA-21-00559 for the demolition of an existing building, construction of a 2-storey 12 x room boarding house including 11 double lodger rooms and 1 manager\'s room to accommodate a maximum of 24 persons with basement car park on land legally comprising of the...