Evagelakos v Blacktown City Council [2026] NSWLEC 1218
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to ss 8.7 and 8.11 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the deemed refusal by Blacktown City Council of development application DA-24-00107 (the DA) for the construction of a four storey shop top housing with 32 residential units and four commercial tenancies with basement parking, landscaping and site works on land at 73 Rooty Hill Road North, Rooty Hill, NSW, 2766, legally known as Lot A in DP 331481 (the site). By way of back
Catchwords
DEVELOPMENT APPEAL — conciliation conference — agreement between the parties — cl 4.6 variation of height of buildings development standard — shop top housing — orders
Outcome
The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the costs of the Respondent that have been thrown away as a result of the amendment of the development application, in the amount of $1.00, within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development consent is granted to development application DA-24-00107 for construction of a four (4) storey shop top housing comprising 32 residential units and one (1) retail tenancy and four (4) commercial tenancies, basement car parking, landscaping and site works at 73 Rooty Hill Road North, Rooty Hill, 2766, subject to the conditions of consent in Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 2.20, 4.15, 4.16, 4.17, 8.7, 8.11, 8.15, Sch 1, Div 2, cl 7 Land and Environment Court Act 1979 (NSW), s 34 Environmental Planning and Assessment Regulation 2021 (NSW), ss 27, 38 Blacktown Local Environmental Plan 2015, cll 2.2, 2.3, 4.3, 4.4, 4.6, 5.10, 5.21, 7.4, 7.5, 7.7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, Ch 6, ss 6.6, 6.7 State Environmental Planning Policy (Housing), Ch 4, ss 144, 147 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022
Read the full judgment
Authoritative text on NSW Caselaw · ~26k words
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