Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1629

Land and Environment Court New South Wales

Medium Neutral Citation: Archidrome Pty Ltd v Blacktown City Council [2022] NSWLEC 1629 Hearing dates: Conciliation conference 2 November 2022 Date of orders: 11 November 2022 Decision date: 11 November 2022 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: 1) The Appeal is upheld. 2) Development Application DA-21-01954, as amended, for subdivision to create 44 Torrens title residential lots, as well as 20 community title lots (including two common property community title roads and 18 residential community title lots), construction of new roads, construction of 36 two storey dwellings, with the remainder of residential lots provided with building envelope plans at 74-74A Tallawong Road and parts of 87 and 95 Cudgegong Road and part of 84 Tallawong Road, Rouse Hill is approved subject to the conditions set out in Annexure A. 3) Pursuant to section 8.15(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. This order applies in addition to the order made on 5 August 2022 in respect of the previous amendment. Catchwords: APPEAL – development application – Torrens title subdivision in to 63 residential lots, road construction and construction of 36 two-storey dwellings – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.18, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55, Sch 1 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021 Ch 9 State Environmental Planning Policy (Precincts—Central River City) 2021 Appendix 11 State Environmental Planning Policy (Resilience and Hazards) 2021 cl 4.6 Category: Principal judgment Parties: Archidrome Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) W Doueihi (Solicitor) (Respondent)