Raj & Jai 1 Pty Ltd v Blacktown City Council [2024] NSWLEC 1043

Raj & Jai 1 Pty Ltd v Blacktown City Council [2024] NSWLEC 1043

The Court upheld the appeal and granted development consent to the amended application as the proposal satisfied all relevant statutory and planning requirements; agreement was reached by the parties and it is a decision the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Raj & Jai 1 Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
09 February 2024
Procedural Posture
Development Appeal / Final Orders – Agreement Post Conciliation
Outcome
Appeal upheld; consent granted subject to conditions
Legal Topics
Development Application, Integrated Development, Land Subdivision, Environmental Planning Instruments, Flooding Assessment
Planning Law Environmental Law Development Application Integrated Development Land Subdivision Environmental Planning Instruments Flooding Assessment

Case Brief

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Parties

Raj & Jai 1 Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Appeal / Final Orders – Agreement Post Conciliation

Legal Issues

  1. 1 Whether the Court should uphold the appeal against the respondent's deemed refusal of the development application
  2. 2 Whether development consent should be granted to the amended development application, subject to agreed conditions
  3. 3 Whether relevant statutory and planning requirements are satisfied, including considerations of flooding, contamination, biodiversity, public infrastructure, and concurrence authorities

Ratio Decidendi

The Court upheld the appeal and granted development consent to the amended application as the proposal satisfied all relevant statutory and planning requirements; agreement was reached by the parties and it is a decision the Court could properly make under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Development Application No DA-22-00348, as amended, is determined by the grant of development consent subject to conditions at Annexure A.