Viewland Developments Pty Ltd v Blacktown City Council - [2025] NSWLEC 1451

Land and Environment Court

New South Wales

Medium Neutral Citation: Viewland Developments Pty Ltd v Blacktown City Council [2025] NSWLEC 1451
Hearing dates: 10 and 11 March 2025
Date of orders: 24 June 2025
Decision date: 24 June 2025
Jurisdiction: Class 1
Before: Espinosa C
Decision:
The Court Orders:
(1) The Court, exercising the function of the council pursuant to s 39 of the Land and Environment Court Act 1979, as the relevant consent authority, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021, approves the application for an amendment to development application DA-24-00316 made on 10 March 2025 to rely on the documents and plans in Ex C listed as follows:
(a) Architectural plans;
(b) Landscape plans;
(c) Environmental Noise Impact Assessment and Supplementary Information to Acoustic Report;
(d) Operational waste management plan;
(e) Plan of management;
(f) Owners consent;
(g) Waste management plan;
(h) Staff travel logs; and
(i) Swept paths.
(2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application as agreed or assessed
(3) The appeal is upheld.
(4) Development consent is granted to Development Application DA-24-00316 seeking consent for construction of a two storey child care facility to accommodate 124 children and 19 staff, basement car parking for 39 vehicles, associated site works and landscaping at 64 - 70 Diamondback Parade, Melonba legally described as Lots 8314, 8315, 8316 and 8317 in DP1273495 subject to the conditions of consent in Annexure A.

Catchwords:
DEVELOPMENT APPEAL – child care facility – internal impacts – external impacts - orders

Legislation Cited:
Environmental Planning and Assessment Act 1979, ss 2.22, 8.7, 8.15
Land and Environment Court Act 1979 s 39
Environmental Planning and Assessment Regulation 2021 s 38
Statement Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6
State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 11
State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6
State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.25, 3.27
Education and Care Services National Regulations, rr 107, 108, 110

Cases Cited:
Project Venture Developments v Pittwater Council [2005] NSWLEC 191

Texts Cited:
Child Care Planning Guideline (September 2021)
Blacktown City Council Growth Precincts Development Control Plan 2010

Category: Principal judgment
Parties: Viewland Developments Pty Ltd (Applicant)
Blacktown City Council (Respondent)
Representation:
Counsel:
J Reid (Applicant)
S Berveling (Respondent)
Solicitors:
Fortis Law (Applicant)
HWL Ebsworth Lawyers (Respondent)

File Number(s): 2024/225841
Publication restriction: No

Judgment

COMMISSIONER: This is a Class 1 Development Appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) being an appeal against the refusal of Development Application DA-24-00316 seeking consent for the amalgamation of 4 lots into 1 lot, construction of a two storey child care facility to accommodate 125 children and 19 staff, basement car parking for 39 vehicles, associated site works and landscaping…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2025] NSWLEC 1451
Decision Date: 24 June 2025

CaseChat Overview and Summary

Viewland Developments Pty Ltd sought approval from Blacktown City Council for an amendment to a development application for the construction of a childcare facility. The Council denied the amendment, leading to an appeal to the Land and Environment Court of New South Wales. The court was required to determine whether the Council's refusal was legally sound and if the amendment to the development application should be approved.

The court examined the statutory provisions and relevant policies governing the amendment of development applications. It assessed whether the Council had properly exercised its discretion and if the amendment was consistent with the objectives of the Environmental Planning and Assessment Act 1979. The court also considered the merits of the amendment itself, including whether the proposed changes were consistent with the original application and did not materially alter the development's impact on the environment or community.

The court found that the Council's refusal to approve the amendment was not supported by the evidence and was unreasonable. The court held that the amendment did not significantly alter the character of the development and was consistent with the objectives of the relevant planning legislation. The court also found that the amendment was in the public interest and should be approved. Accordingly, the court exercised its discretion under the Land and Environment Court Act 1979 to approve the amendment and grant development consent for the childcare facility.

The court ordered that the amendment to the development application be approved, and development consent be granted for the construction of the childcare facility subject to the conditions of consent in Annexure A. The applicant was also ordered to pay the respondent's costs associated with the amendment of the application. The appeal was upheld, and the court's decision was in favour of the applicant.

Orders

Orders of the court

The Court Orders:

(1) The Court, exercising the function of the council pursuant to s 39 of the Land and Environment Court Act 1979, as the relevant consent authority, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021, approves the application for an amendment to development application DA-24-00316 made on 10 March 2025 to rely on the documents and plans in Ex C listed as follows:

(a) Architectural plans;

(b) Landscape plans;

(d) Operational waste management plan;

(e) Plan of management;

(f) Owners consent;

(g) Waste management plan;

(h) Staff travel logs; and

(i) Swept paths.

(2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application as agreed or assessed

(3) The appeal is upheld.

(4) Development consent is granted to Development Application DA-24-00316 seeking consent for construction of a two storey child care facility to accommodate 124 children and 19 staff, basement car parking for 39 vehicles, associated site works and landscaping at 64 - 70 Diamondback Parade, Melonba legally described as Lots 8314, 8315, 8316 and 8317 in DP1273495 subject to the conditions of consent in Annexure A.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Viewland Developments Pty Ltd v Blacktown City Council [2025] NSWLEC 1451
Hearing dates:	10 and 11 March 2025
Date of orders:	24 June 2025
Decision date:	24 June 2025
Jurisdiction:	Class 1
Before:	Espinosa C
Decision:	The Court Orders: (1) The Court, exercising the function of the council pursuant to s 39 of the Land and Environment Court Act 1979, as the relevant consent authority, pursuant to s 38(1) of the Environmental Planning and Assessment Regulation 2021, approves the application for an amendment to development application DA-24-00316 made on 10 March 2025 to rely on the documents and plans in Ex C listed as follows: (a) Architectural plans; (b) Landscape plans; (c) Environmental Noise Impact Assessment and Supplementary Information to Acoustic Report; (d) Operational waste management plan; (e) Plan of management; (f) Owners consent; (g) Waste management plan; (h) Staff travel logs; and (i) Swept paths. (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the costs of the respondent that have been thrown away as a result of the amendment of the application as agreed or assessed (3) The appeal is upheld. (4) Development consent is granted to Development Application DA-24-00316 seeking consent for construction of a two storey child care facility to accommodate 124 children and 19 staff, basement car parking for 39 vehicles, associated site works and landscaping at 64 - 70 Diamondback Parade, Melonba legally described as Lots 8314, 8315, 8316 and 8317 in DP1273495 subject to the conditions of consent in Annexure A.
Catchwords:	DEVELOPMENT APPEAL – child care facility – internal impacts – external impacts - orders
Legislation Cited:	Environmental Planning and Assessment Act 1979, ss 2.22, 8.7, 8.15 Land and Environment Court Act 1979 s 39 Environmental Planning and Assessment Regulation 2021 s 38 Statement Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.25, 3.27 Education and Care Services National Regulations, rr 107, 108, 110
Cases Cited:	Project Venture Developments v Pittwater Council [2005] NSWLEC 191
Texts Cited:	Child Care Planning Guideline (September 2021) Blacktown City Council Growth Precincts Development Control Plan 2010
Category:	Principal judgment
Parties:	Viewland Developments Pty Ltd (Applicant) Blacktown City Council (Respondent)
Representation:	Counsel: J Reid (Applicant) S Berveling (Respondent) Solicitors: Fortis Law (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2024/225841
Publication restriction:	No