Raj & Jai 1 Pty Ltd v Blacktown City Council [2024] NSWLEC 1043

Land and Environment Court New South Wales

Medium Neutral Citation: Raj & Jai 1 Pty Ltd v Blacktown City Council [2024] NSWLEC 1043 Hearing dates: Conciliation Conference on 13 November 2023 Date of orders: 09 February 2024 Decision date: 09 February 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No DA-22-00348, as amended, for the demolition of all existing structures, tree removal, Torrens title subdivision of land into 15 lots over 2 stages, construction of 10 townhouses with strata subdivision, construction of public roads, landscaping and associated site works on land legally described as Lot 1, Lot 2 and Lot 3 in DP 1447 and Lot 21 in DP 1246798 and known as 134 Cranbourne Street, Riverstone NSW 2765 and Lot 6 in DP 1258818 also known as Grandeur Parade, Riverstone, NSW 2765, is determined by the grant of development consent, subject to the conditions at Annexure A. Catchwords: APPEAL – Development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.46, 4.47, 8.7, 8.10, 8.11, 8.14 Land and Environment Court Act 1979, ss 17, 34 Water Management Act 2000, s 91 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.7, 6.65, Ch 9, ss 9.1, 9.3, 9.4, 9.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts - Central River City) 2021, ss 3.2, 3.26, Appendix 7, ss 2.5, 2.6, 2.6A, 4.3, 5.9, 6.1, 6.4, 6.5, Sch 1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.48 State Environmental Planning Policy Amendment (Water Catchments) 2022 Category: Principal judgment Parties: Raj & Jai 1 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) D Loether (Solicitor) (Respondent)