UPG 182 Pty Ltd v Blacktown City Council [2023] NSWLEC 1737

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 182 Pty Ltd v Blacktown City Council [2023] NSWLEC 1737 Hearing dates: Conciliation conference on 22 November 2023 Date of orders: 05 December 2023 Decision date: 05 December 2023 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA-21-02226 for the demolition of existing structures, tree removal, subdivision of land into 13 lots, comprising twelve 12 Torrens Title lots and 1 superlot, construction of 12 two-storey dwellings, construction of 11 two-storey townhouses, construction of a public and internal road, civil and stormwater works, landscaping and associated site works on land legally described as Lot 2 in DP810645 and known as 138 Bridge Street, Schofields, NSW, 2762, and Lot 4 in DP 252965 and known as 5 Eos Place, Schofields, NSW, 2762, is determined by the grant of development consent subject to the conditions at Annexure "A". Catchwords: DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 9, ss 9.3, 9.4, 9.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 9, s 2.2, 2.3, 2.6, 2.7, 4.1AB, 4.1AF, 4.1B, 4.3, 6.1, 6.2 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022, s 6.65 Texts Cited: Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Blacktown Community Engagement Strategy and Community Participation Plan 2022-2024 Category: Principal judgment Parties: UPG 182 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Smith (Applicant) D Le Breton (Solicitor) (Respondent)