Statewide Planning Pty Ltd v Blacktown City Council [2022] NSWLEC 1024

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Blacktown City Council [2022] NSWLEC 1024 Hearing dates: 1 – 3 September 2021, written submissions 24 November, 8 December 2021 Date of orders: 21 January 2022 Decision date: 21 January 2022 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: 1. The appeal is dismissed 2. Development application DA-19-01882 seeking consent for torrens title subdivision, tree removal, earthworks, construction of residential dwellings and ancillary civil works at 35-37 Denis Winston Drive, Doonside (Lot 1268 DP 803528) is determined by way of refusal 3. Exhibits are returned with the exception of A, B, C and 1. Catchwords: DEVELOPMENT APPLICATION – subdivision- dwelling houses - amended development application –does the development have a serious and irreversible impact on Cumberland Plain Woodland - has the development taken appropriate and reasonable measures to avoid and minimise the impact on Cumberland Plain Woodland – is the precondition under cl 7.2: Terrestrial Biodiversity in Blacktown Local Environmental Plan 2015 satisfied – is the site suitable for the development – appeal dismissed. Legislation Cited: Biodiversity Conservation Act 2016, ss 1.3, 1.5, 6.5, 7.2, 7.7, 7.13, 7.16, Pt 1, Pt 7, Sch 2 Biodiversity Conservation Regulation 2017, cll 1.4, 3.1, 6.5, 6.7, 7.2, 7.3 Blacktown Local Environmental Plan 2015, cll 7.2, 7.24 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, Pt 4 Environmental Planning and Assessment Regulation 2000, cl 55 State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017, cl 8 Cases Cited: Blake v Ku-ring-gai Council [2021] NSWLEC 1461 Newbury District Council v Secretary of State for the Environment [1981] AC 578 Planners North v Ballina Shire Council [2021] NSW LEC 120 Statewide Planning Pty Ltd v Blacktown City Council [2019] NSWLEC 1397 Telstra Corp Ltd v Hornsby Shire Council (2006) 67 NSWLR 256; [2006] NSWLEC 133 Texts Cited: Blacktown Development Control Plan 2015 Department of Planning, Industry & Environment 'Guidance to assist a decision-maker to determine a serious and irreversible impact' September 2019 NSW Government, 'Cumberland Plain Recovery Plan', January 2011 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Tomasetti, SC (Applicant) J Farrell (Applicant) M Wright (Respondent)