Tallawong Road Pty Ltd v Blacktown City Council [2023] NSWLEC 1564

Land and Environment Court New South Wales

Medium Neutral Citation: Tallawong Road Pty Ltd v Blacktown City Council [2023] NSWLEC 1564 Hearing dates: Conciliation conference on 31 August 2023 Date of orders: 26 September 2023 Decision date: 26 September 2023 Jurisdiction: Class 1 Before: Harding AC Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs thrown away, as agreed or assessed, as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (2) The appeal is upheld. (3) Development Application DA-21-01394 (as amended) for the Torrens title residential subdivision of 1 lot into 61 lots including demolition, tree removal, new roads, construction of 50 dwellings on Lots 109-113, 115-134, 135-154 & 156-160, associated site earth and drainage works and retaining walls at Lot 46 Deposited Plan 30186, 165 Guntawong Road, Rouse Hill, is determined by the grant of development consent, subject to the conditions set out in Annexure A. Catchwords: DEVELOPMENT APPLICATION – Torrens Title Subdivision – amended plans – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.2 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Precincts-Central River City) 2021, s 3.9 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006, Appendix 12, cll 2.2, 4.1AA, 4.1B, 6.1 Category: Principal judgment Parties: Tallawong Road Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) G Farland (Respondent)