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Class 1 — Merit appeal Blacktown City Council 14 July 2026

Mariani v Blacktown City Council [2026] NSWLEC 1427

Before: Porter C · NSW Land and Environment Court

Traffic / ParkingClause 4.6 VariationConciliation / AgreementStormwater / Drainage

Summary

DEVELOPMENT APPEAL – alterations to a place of public worship – conciliation conference – agreement between the parties – orders

Catchwords

DEVELOPMENT APPEAL – alterations to a place of public worship – conciliation conference – agreement between the parties – orders

Outcome

The Court orders: (1) The Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), in the agreed amount of $4,000 within 28 days of the date of these orders. (2) The appeal is upheld. (3) Development application DA-24-01073 for the construction of a two storey addition to an existing place of public worship at 3 Tasha Place, Kings Park, 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 4.15, 4.16, 8.7, 8.13 Land and Environment Court Act 1979 (NSW), s 34   Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022, s 3.2 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48

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Authoritative text on NSW Caselaw · ~7k words

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