Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1087

Land and Environment Court New South Wales

Medium Neutral Citation: Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1087 Hearing dates: Conciliation conference held on 15 – 16 February 2022 Date of orders: 22 February 2022 Decision date: 22 February 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: 1) The Appeal is upheld. 2) Development Application No. DA-21-00897 for the Construction of 50 two (2) storey dwellings, associated 53 lot subdivision, civil and drainage works, and construction of community title lots, private roads and public roads at 95 Tallawong Road, Rouse Hill is approved subject to the conditions set out in Annexure "A" to this agreement. 3) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – residential dwelling construction – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy – Building Sustainability Index (BASIX) 2004 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), cl 2 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Category: Principal judgment Parties: Archidrome Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Lailich (Solicitor) (Applicant) C Moreton (Solicitor) (Respondent)