Aliya Grace Pty Ltd v Blacktown City council [2023] NSWLEC 1753

Land and Environment Court New South Wales

Medium Neutral Citation: Aliya Grace Pty Ltd v Blacktown City council [2023] NSWLEC 1753 Hearing dates: Conciliation conference on 23 November 2023 Date of orders: 12 December 2023 Decision date: 12 December 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendment, as agreed or as assessed. (2) The appeal is upheld. (3) Development application DA-22-01525 seeking consent for Torrens title subdivision to create 14 lots, construction of new roads and temporary turning heads, tree removal, and associated civil works at Lots 1-6 and Lots 39-44 in Section 45 of DP 1480 at the corner of Otago Street, Clyde Street and Brisbane Road, Vineyard, is approved subject to the conditions set out in Annexure A to this agreement. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, Div 4.8, ss 4.16, 4.47, 8.7, 8.15, Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 6.65, 9.4, 9.5 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 7, ss 2.6, 4.1AB, 4.1AD, 4.1B, 6.1, 6.8 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Category: Principal judgment Parties: Aliya Grace Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)