Universal Property Group Pty Ltd v Blacktown City Council [2023] NSWLEC 1735

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2023] NSWLEC 1735 Hearing dates: Conciliation conference on 28 November 2023 Date of orders: 06 December 2023 Decision date: 06 December 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Appeal is upheld. (2) Development Application No DA-21-02301, as amended, for the demolition of existing structures, subdivision of land into 18 Torren title lots, comprising 17 Torrens title residential lots and 1 residue lot for primary production, removal of trees, construction of a public road, and associated site works is determined by the grant of development consent on land legally described as Lot 32 in DP 1189527 and known as 98 Junction Road, Grantham Farm, subject to the conditions at Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away by the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, in a sum to be agreed or assessed. Catchwords: APPEAL – development application – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.11, 8.15 Environmental Planning and Assessment Regulation 2021, s 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 9.3, 9.4, 9.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.119, 2.120 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Precincts – Central River Cities) 2021, Appendix 7 ss 2.3, 2.6, 2.6A, 4.1AB, 4.1AD, 6.1 Blacktown Local Environmental Plan 2015, cll 2.6, 7.5 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Smith (Applicant) S Berveling (Respondent)