UPG 251 Pty Ltd v Blacktown City Council [2024] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 251 Pty Ltd v Blacktown City Council [2024] NSWLEC 1142 Hearing dates: Conciliation Conference 20 February 2024 Date of orders: 26 March 2024 Decision date: 26 March 2024 Jurisdiction: Class 1 Before: Targett AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA-22-00916, as amended, for the subdivision of land into eighty-one (81) lots comprising eighty (80) Torrens title lots and one (1) superlot over three stages, including construction of public roads, stormwater drainage and other associated site works on land legally described as Lot 9 and 10 in DP 30211 and Lot 100 in DP 1282519 (formerly Lot 47 in DP 30186), and known as 182, 184 and 194 Guntawong Road, Rouse Hill, NSW, 2155, 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 4.15, 4.46, 4.47, 8.7, 8.10, 8.11, 8.14 Land and Environment Court Act 1979, ss 17, 34 National Parks and Wildlife Act 1974, ss 86, 87, 90 Water Management Act 2000, s 91 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 6.65, 9.3, 9.4, 9.5 State Environmental Planning Policy (Precincts - Central River City) 2021 ss 3.2, 3.26 Appendix 11 - ss 2.3, 2.6, 4.1AA, 4.1AB, 4.1B, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021 ss 2.48, 2.119 Category: Principal judgment Parties: UPG 251 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) M Podinic (Solicitor) (Respondent)