Kamalarasa v Blacktown City Council [2026] NSWLEC 1435
Before: Kullen AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against the actual refusal by Blacktown City Council of development application No Rev-25-0006 (Review Application). This matter was dealt with pursuant to s 34AA of the Land and Environment Court Act 1979 (NSW) (LEC Act). The Proposed Development Development Application No DA-24-00227 (Original DA), as lodged with the Respondent on 22 March 2024, sought consent for the demolition of t
Catchwords
DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development consent is granted to development application No Rev-25-0006, as amended, for demolition of existing structures, tree removal, Torrens title subdivision of one lot into two lots, construction of a double-storey dwelling with inground swimming pool on each lot, and landscaping, civil and associated site works on land legally described as Lot 774 in DP 245451 and known as 10 Botany Boulevard, Kings Langley, NSW, 2147, subject to the conditions at Annexure A.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 4.17, 4.19, 7.28, 8.3, 8.5, 8.7, Sch 1, Div 2, s 7 Land and Environment Court Act 1979 (NSW), ss 34, 34AA Blacktown Local Environmental Plan 2015, cll 2.2, 2.3, 2.6, 2.7, 4.1, 4.3, 4.4, 5.21, 7.5 Environmental Planning and Assessment Amendment (Planning System Reforms) Bill 2025 (NSW), Sch 1 [119], [123], [124], [125], Sch 2 [20] Environmental Planning and Assessment Regulation 2021 (NSW), ss 38, 244, Sch 6, s 34B, Sch 7 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 2, 6, Pts 2.3, 6.2, ss 2.3, 6.6, 6.7, 6.8, 6.9, 6.10, Div 2 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 · ~22k words
Related decisions
Investment 8888 v Blacktown City Council [2026] NSWLEC 1315
Blacktown City Council · 29 May 2026
Evagelakos v Blacktown City Council [2026] NSWLEC 1218
Blacktown City Council · 23 April 2026
Blacktown Childcare Holdings Pty Ltd v Blacktown City Council [2026] NSWLEC 1280
Blacktown City Council · 19 May 2026
Austral South Nominee Pty Ltd v Blacktown City Council [2026] NSWLEC 1353
Blacktown City Council · 16 June 2026
Mariani v Blacktown City Council [2026] NSWLEC 1427
Blacktown City Council · 14 July 2026
Mount Druitt Inn Pty Limited v Blacktown City Council [2026] NSWLEC 1390
Blacktown City Council · 03 July 2026