IRM Property Group (No. 2) Pty Ltd v Blacktown City Council [2021] NSWLEC 1306

Land and Environment Court New South Wales

Medium Neutral Citation: IRM Property Group (No. 2) Pty Ltd v Blacktown City Council [2021] NSWLEC 1306 Hearing dates: 16-18 February 2021 Date of orders: 28 May 2021 Decision date: 28 May 2021 Jurisdiction: Class 1 Before: Bish C and Speers AC Decision: The orders of the Court are at [96] Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – ecological and biodiversity assessment Legislation Cited: Biodiversity Conservation Act 2016, ss 1.3, 4.31, 6.4, 7.1 Biodiversity Conservation Regulation 2017, Parts 6 and 7, cl 7.1 COVID-19 Legislation Amendment (Emergency Measures) Act 2020 Environment Protection and Biodiversity Conservation Act 1999 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 50, Schedule 2 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Western Sydney Employment Area) 2009, cl 10, 19, 21 Cases Cited: Denoci Pty Ltd v Liverpool City Council [2020] NSWLEC 102 Statewide Planning Pty Ltd v Blacktown City Council [2019] NSWLEC 1397 Texts Cited: Blacktown City Council, Employment Lands Precinct Plan Eastern Creek Precinct, (2005) Blacktown City Council, Engineering Guide for Development, (2005) NSW Department of Planning, Industry and Environment, Biodiversity Assessment Method, (2020) Category: Principal judgment Parties: IRM Property Group (No. 2) Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Galasso (Applicant) S Simington (Solicitor) (Respondent)