Universal Property Group Pty Ltd v Blacktown City Council [2022] NSWLEC 1465

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2022] NSWLEC 1465 Hearing dates: Conciliation conference on 17 May 2022 and 11 July 2022 Date of orders: 6 September 2022 Decision date: 06 September 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: (1) Pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay those costs of the Respondent thrown away as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-21-01660, for the Torrens Title residential subdivision into four (4) lots including demolition of existing structures, tree removal, stormwater drainage and associated site works on land legally described as Lot 1 in DP879702 and known as 21 Burdekin Road, Quakers Hill, NSW, 2763, subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPEAL – subdivision – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000 cl 55 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 s 9.3 State Environmental Planning Policy (Resilience and Hazards) 2021 s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 s 2.118 Blacktown Local Environmental Plan 2015 cll 2.3, 2.7, 4.1, 6.1, 7.9 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Smith (Applicant) S Simington (Solicitor) (Respondent)