JS Architects Pty Ltd v Blacktown City Council [2026] NSWLEC 1589
Before: Horton C · NSW Land and Environment Court
Summary
This appeal relates to development for the purposes of a mixed-use development at 23 Bungalow Road, Plumpton that broadly proposes demolition and removal of vegetation, earthworks and construction of 26 2-storey dwellings above basement car parking, reconfiguration of an existing soccer field, fencing and other infrastructure and subdivision. To this end, Development Application no. DA-25-01479 was lodged by the Applicant in these proceedings, JS Architects Pty Ltd (JS Architects) with Blacktown
Catchwords
DEVELOPMENT APPLICATION — mixed-use development on RE2 Private Recreation zone land — conciliation conference — agreement between parties — orders
Outcome
The Court orders that: (1) The Applicant is to pay the Council’s costs thrown away by reason of the amendment of the Development Application DA-25-01479 pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the sum of $12,000. (2) The appeal is upheld. (3) Development Application DA-25-01479 for Seniors Housing comprising 26 x 2-storey independent living units with basement car parking accessed from Martin Boulevarde, re-orientation and refurbishment of the existing soccer field including provision of seating/booths, synthetic turf and perimeter field fencing, and Torrens title subdivision of the site into 3 lots to create separate lots for the Seniors Housing, Polonia Club and Soccer Field, and a lot (proposed Lot 202) for dedication to Council for provision of footpaths at 23 Bungalow Road, Plumpton, is determined by the grant of consent, subject to the conditions contained at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.7, 8.15 Land and Environment Court Act 1979 (NSW), s 34 Liquor Act 2007 (NSW) Environmental Planning and Assessment Regulation 2021 (NSW), s 38 Blacktown Local Environmental Plan 2015, cll 2.2, 2.3, 4.3, 4.4, 7.5 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Housing) 2021, Sch 4, 8, ss 79, 81, 84, 85, 86, 88, 92, 93, 95, 97, 108 State Environmental Planning Policy (Planning Systems) 2021, s 4.46 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 2.1 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48
Read the full judgment
Authoritative text on NSW Caselaw · ~16k words
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