NSW Land & Environment Court Appeal

Project name:  NSW Land and Environment Court Appeal

Location:  16 Lowana Crescent, Seven Hills

Client:  Private landholder

Brief:  To support an appeal lodged with the NSW Land and Environment Court to challenge Council’s refusal of a Development Application (DA). The DA sought to subdivide the subject site into two (2) Torrens title allotments, and construct a two (2) storey dwelling on each allotment.

Methodology:  MacroPlan reviewed the proposal in light of the development standards, numerical controls, and most importantly, the objectives of the Blacktown Local Environmental Plan 1988. MacroPlan also considered the proposal’s environmental impacts. Effectively, a comprehensive assessment of the DA was undertaken against the relevant statutory planning framework. It was determined that the environmental impacts of the DA were acceptable, and consistent with those sought by the relevant framework. Importantly, the impacts were identical irrespective of whether the proposal faced two different streets, or two opposing parts of a Crescent.

MacroPlan prepared a Statement of Basic Facts and Contentions for inclusion in the appeal. A Joint Experts meeting was also conducted with Council’s appointed planning expert. MacroPlan was regularly called upon to provide town planning related advice to the applicant’s solicitors during the course of the appeal.

Result:  During the course of the appeal, an agreement was made between the applicant and Blacktown Council’s legal representatives. The agreement was to overturn Council’s original decision and consent to the DA, largely in line with the applicant’s original scheme.