Universal Property Group Pty Ltd v Maitland City Council [2024] NSWLEC 1243

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Maitland City Council [2024] NSWLEC 1243 Hearing dates: Conciliation conference held on 1 May 2024 Date of orders: 14 May 2024 Decision date: 14 May 2024 Jurisdiction: Class 1 Before: Gray C Decision: Proceedings 2023/76776

The Court orders that: (1) The applicant is granted leave to file the amended development application DA/2022/1133 referred to in [17]. (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 NSW 1979. (3) The appeal is upheld. (4) Development Application No DA/2022/1133, for the subdivision of land into 108 lots comprising 105 residential lots, 1 residue lot and 2 onsite detention lots over two stages with the construction and dedication of public roads, tree removal and stormwater drainage works on land legally described as Lot 1 in DP983691, Lot 111 in DP1290111, Lot B and Lot C in DP348463, and Lot 10 in DP1229964 and known as 11, 21, 23, 25 and 33 Owlpen Lane, Farley NSW 2320, is determined by the grant of development consent subject to the conditions at Annexure A. Proceedings 2023/111936 The Court orders that: (1) The applicant is granted leave to file the Amended Development Application DA/2023/31 referred to in [19]. (2) The applicant is to pay the respondent'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/2023/31, for the Torrens title subdivision of land to create 16 residential lots and 1 drainage basin lot, construction and dedication of a public road, tree removal, stormwater drainage and other associated works on land legally described as Lot 101 in DP1287298 and known as 131 Wollombi Road, Farley NSW 2320, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: APPEAL – development applications for subdivision of land – conciliation conference – agreement reached in each appeal – orders made Legislation Cited: Biodiversity Conservation Act 2016, ss 7.7, 7.13 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.4, 7.5, 7.7, 8.7, 8.15 Fisheries Management Act 1994, Pt 7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Water Management Act 2000, s 91 Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Regulation 2021, ss 37, 38, 204 Maitland Local Environmental Plan 2011, cll 2.6, 4.1, 4.2C, 5.10, 5.21, 6.1, 6.2, 6.3, 7.2, 7.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Housing and Productivity Contributions) 2023, s 4 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 4, s 4.9 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.48, 2.100, 2.120 Cases Cited: Omaya Investments Pty Limited v Dean Street Holdings Pty Limited (No 5) [2020] NSWLEC 9 Texts Cited: Maitland Development Control Plan 2011 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Maitland City Council (Respondent) Representation: Counsel: M Staunton (Applicant) H Irish (Respondent)