UPG 137 Pty Ltd v Blacktown City Council [2023] NSWLEC 1410

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 137 Pty Ltd v Blacktown City Council [2023] NSWLEC 1410 Hearing dates: Conciliation conference held on 7 July 2023 Date of orders: 01 August 2023 Decision date: 01 August 2023 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application DA-22-00558, as amended, which seeks Torrens title subdivision of land into 50 lots including two (2) allotments to be utilised as temporary detention basins, demolition of existing structures, construction of 48 x two-storey dwellings and public roads, landscaping and associated site works on Lot 2 DP 201229, known as 158 Bridge Street, Schofields, Lot 1 DP 201229, known as 156 Bridge Street, Schofields, Lot 192 in DP 819319, known as 154 Bridge Street, Schofields and Lot 20 DP 12445, known as 148 Bridge Street, Schofields, is determined by the grant of consent subject to the conditions of consent contained at Annexure A. (3) The applicant is to pay the respondent's costs thrown away in the agreed amount of $1500 as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – construction of dwellings – engineering considerations - conciliation conference conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.47, 8.7, 8.15 Environmental Planning and Assessment Regulation 2021, ss 23, 38 Land and Environment Court Act 1979, s 34 State Environment Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 9, s 9.2, State Environmental Planning Policy (Precincts-Central River City) 2021, App 9, ss 2.3, 4.1AB State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.121 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Category: Principal judgment Parties: UPG 137 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Smith (Applicant) D Le Breton (Solicitor) (Respondent)