Event and Time
Event Description
The case involves a development application (DA-22-00600) for a residential flat building in the R4 High Density Residential zone at 15, 17, and 19 Durham Street, Mount Druitt. The proposal includes the demolition of existing structures, consolidation of lots, and construction of a 7-storey residential building with two basement levels and a rooftop communal space comprising 47 units and 96 car parking spaces.
Application and Claims
- The Bathla Group submitted the development application and later sought to amend it to comply with local regulations.
- The application faced scrutiny from community members, leading to concerns regarding noise and landscaping impacts.
- A conciliation conference was held to address these issues.
Judicial Decisions
- The Court granted leave for the Bathla Group to amend the application and upheld their request to vary a specific clause of Blacktown's Local Environmental Plan 2015.
- The appeal was ultimately upheld, allowing for the development to proceed with the amended proposal and certain conditions.
- Development consent was granted based on the amended application and compliance with local environmental standards.
Dispute Points and Legal Basis
Dispute Points
Applicant's Side:
- The Bathla Group argued that the amended application meets all necessary criteria set by the local council and environmental standards.
- They provided evidence from an Acoustic Impact Assessment indicating compliance with noise regulations.
Opposition's Side:
- Community submissions raised concerns about the noise impacts from waste collection and loading dock activities, along with landscaping issues affecting privacy and visual aesthetics.
- Opponents argued for stricter conditions to mitigate noise and enhance the landscaping around the development.