Universal Property Group Pty Limited v Blacktown City Council [2020] NSWLEC 1300

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Limited v Blacktown City Council [2020] NSWLEC 1300 Hearing dates: Conciliation conference on 1 July 2020 Date of orders: 15 July 2020 Decision date: 15 July 2020 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [17] below Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Category: Principal judgment Parties: Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) S Puckeridge (Solicitor) (Respondent)

Solicitors: Swaab (Applicant) Lindsay Taylor Lawyers (Respondent) File Number(s): 2019/46583 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 ('EPA Act') against the deemed refusal of development application DA-18-00159 ('DA') by Blacktown City Council ('Council'). 2. I rely on Council's Amended Statement of Facts and Contentions filed with the Court on 27 May 2020 for much of the descriptive material which follows. 3. The DA (as now amended after the Court granted leave for changes to the application on 5 May 2020 and 26 June 2020) seeks consent for the consolidation of the existing lots and subdivision into 13 "superlots" (including one residue lot). The stated intention is to facilitate future residential development, associated subdivision works including public road construction, drainage works, dam dewatering and tree removal. 4. The land to which the DA relates is indicated as being some 11.4ha in area and is described as Lots 20 and 21 DP 1191512, and Lots 5-11 DP 1245610 and Lot 60 DP 1196729, being 1032, 1036, 1060, 1070, 1080 and Part 1082 Richmond Road and 230, 232 and 234 Grange Avenue, Marsden Park ('site'). 5. The DA now also proposes the placement of fill on the adjoining land which is owned by the Council and is identified as Lot 32 DP 1090993. A separate condition of consent has been proposed in relation to the works on Lot 32 DP 1090993 under s 4.17(1)(f) of the EPA Act. 6. The provisions of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 ('Growth Centres SEPP') apply to the site. Under cl 7 of Growth Centres SEPP, the provisions of Appendix 12 known as "Blacktown Growth Centres Precinct Plan" ('BGC Precinct Plan') apply to the application.