UPG 257 Pty Ltd v Maitland City Council [2024] NSWLEC 1228

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 257 Pty Ltd v Maitland City Council [2024] NSWLEC 1228 Hearing dates: Conciliation conference on 23 and 29 April 2024 Date of orders: 02 May 2024 Decision date: 02 May 2024 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The Applicant is granted leave to file the Amended Development Application with the Court. (2) The Applicant is to pay the Council's costs, as agreed or as assessed, under s 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The appeal is upheld. (4) Development Application No DA/2022/1094, for the Torrens title subdivision of land into 29 x residential lots and the construction and dedication of 3 x public roads including tree removal and stormwater drainage works on land legally described as Lot 23 in DP701849 and known as 176 Wollombi Road, Farley and Lot 529 in DP1275320 and known as 1 Becher Road, Farley NSW 2320, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – subdivision –conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, s 7.7 Environmental Planning and Assessment Act 1979, ss 4.15, 4.47, 8.7, 8.15 Land and Environment Court Act, s 34 Rural Fires Act 1997, s 100B Environmental Planning and Assessment Regulation 2021, s 38 Maitland Local Environmental Plan 2011, cll 2.6, 2.7, 6.1, 6.2, 6.3 State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023, s 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 4.9, 4.10 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.99, 2.100, 2.120 Cases Cited: McMillan v Taylor (2023) 257 LGERA 374; [2023] NSWCA 183 Stewart v Inner West Council [2023] NSWLEC 136 Texts Cited: NSW Department of Planning, Development near Rail Corridors and Busy Roads – Interim Guideline, December 2008 Category: Principal judgment Parties: UPG 257 Pty Ltd (Applicant) Maitland City Council (Respondent) Representation: Counsel: M Staunton (Applicant) T To (Respondent)