Krishathi Pty Limited v Blacktown City Council [2021] NSWLEC 1710

Krishathi Pty Limited v Blacktown City Council [2021] NSWLEC 1710

The appeal is upheld and the amended development application is approved as it complies with all relevant planning controls, environmental policies, and exhibits the required design excellence and compatibility with the local area.

Parties
Applicant: Krishathi Pty Limited; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
23 November 2021
Procedural Posture
Appeal (development Application) / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved, subject to conditions
Legal Topics
Development Application, Boarding Houses, Amended Plans, Section 34 Agreement, Design Excellence
Planning and Environment Law Development Application Boarding Houses Amended Plans Section 34 Agreement Design Excellence

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Parties

Krishathi Pty Limited

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal (development Application) / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 Whether the amended development application for a boarding house should be approved
  2. 2 Whether the proposed development satisfies the planning controls and environmental instruments
  3. 3 Compatibility with the local area and design excellence

Ratio Decidendi

The appeal is upheld and the amended development application is approved as it complies with all relevant planning controls, environmental policies, and exhibits the required design excellence and compatibility with the local area.

Court Disposition

Appeal upheld; development application approved, subject to conditions

Orders

  • The appeal is upheld.
  • Development application DA-21-00558 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 is approved subject to the conditions set out in Annexure 'A'.