Event and Time
Event Description
- This case revolves around the appeal of a development application (No DA-21-02301) concerning a site at 98 Junction Road, Grantham Farm.
- The application involves the demolition of existing structures, subdivision of land into 18 Torrens title lots, tree removal, construction of a public road, and associated site works.
Application and Claims
- The applicant filed the proceedings under sections 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the deemed refusal of the development application by the Blacktown City Council.
- A conciliation conference was held, resulting in an agreement between the parties on the terms of the decision regarding the application.
Judicial Decisions
- The appeal was upheld, granting development consent subject to certain conditions.
- The applicant was ordered to pay the respondent’s costs thrown away by the amendment of the development application.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Position:
- Argues for the development application approval based on compliance with zoning regulations and environmental planning laws. - Provided evidence including a comprehensive plan for the subdivision and site works.
- Respondent’s Position (Blacktown City Council):
- Initially deemed refusal citing concerns regarding the inadequacy of the proposed development in relation to local planning laws.
- Conciliation Conference Outcome:
- An agreement was reached on amendments to the proposal, which were then approved under section 38(1) of the Environmental Planning and Assessment Regulation 2021.