Keneco Property Pty Ltd v Blacktown City Council [2023] NSWLEC 1326

Land and Environment Court New South Wales

Medium Neutral Citation: Keneco Property Pty Ltd v Blacktown City Council [2023] NSWLEC 1326 Hearing dates: Conciliation conference 22 March, 2 June 2023 Date of orders: 28 June 2023 Decision date: 28 June 2023 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the First Respondent that have been thrown away as a result of amendment of the development application as agreed or assessed. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. DA-21-01610 as amended, for demolition of existing structures, construction and use of a bulky goods premises with 43 car parking spaces, construction of one new vehicle crossover driveway on Townson Road, associated landscaping, business identification signage, rehabilitation works under the implementation of a five year Vegetation Management Plan on the part of the zoned C2 Environmental Conservation, and other minor works at 6 Townson Road, Colebee, subject to conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – demolition of existing structures, construction and use of a bulky goods premises, parking, access crossing, landscaping, signage – conciliation conference - amended plans – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 8 Environmental Planning and Assessment Act 1979, ss 4.14, 4.15, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 49, 50 Environmental Planning and Assessment Regulation 2021, Sch 6, s 3 Land and Environment Court Act 1979, s 34 Roads Act 1993, ss 68, 138 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, 7, 8, 9, 10, 11, 12, ss 6.65, 9.3, 9.4, 9.5 State Environmental Planning Policy (Precincts—Central River City) 2021, Pt 3.5, s 3.26, Appendix 13, ss 5.1, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.11 Threatened Species Conservation Act 1995 Water Management Act 2000, s 91 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 NSW Rural Fire Service, Planning Bush Fire Protection, 2019 Category: Principal judgment Parties: Keneco Property Pty Ltd (Applicant) Blacktown City Council (First Respondent) Transport for New South Wales (Second Respondent) Representation: Counsel: G Farland (Applicant) S Berveling (First Respondent) A Hemmings (Second Respondent)