Invocare Australia Pty Limited v Blacktown City Council [2024] NSWLEC 1044

Land and Environment Court New South Wales

Medium Neutral Citation: Invocare Australia Pty Limited v Blacktown City Council [2024] NSWLEC 1044 Hearing dates: Conciliation Conference on 2 February 2024 Date of orders: 13 February 2024 Decision date: 13 February 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is granted leave to rely upon the Amended Development Application. (2) The appeal is upheld. (3) Development Application No. DA-23-00294, as amended, for construction of a new chapel, administrative and lounge buildings, including the proposed widening of an existing internal access to Windsor Road at 712 Windsor Road, Kellyville Ridge, is determined by the grant of consent, subject to the conditions of consent in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – staged development – construction of new buildings and associated works – continued use as a cemetery and crematorium - upgrade to access to classified road – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, ss 7.2, 7.3, 7.7 Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 8.7, 8.15 Fisheries Management Act 1994 Land and Environment Court Act 1979, s 34 National Parks Act 1974, s 86 Roads Act 1993, ss 87, 138 Water Management Act 2000 Blacktown Local Environmental Plan 2015, cll 4.3, 4.4, 5.10 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, ss 6.6, 6.7 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.119 State Environmental Planning Policy (Vegetation in Non-Rural Area) 2017 Category: Principal judgment Parties: Invocare Australia Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: E Whitney (Solicitor) (Applicant) M Fozzard (Respondent)