Land and Environment Court New South Wales Medium Neutral Citation: Archidrome Pty Ltd v Blacktown City Council [2024] NSWLEC 1286 Hearing dates: Conciliation conferences held on 28 March and 11 April 2024 Date of orders: 30 May 2024 Decision date: 30 May 2024 Jurisdiction: Class 1 Before: Kullen AC Decision: The Court orders that: (1) The appeal is upheld. (2) Development Consent No. DA-21-00897 is modified in the terms in Annexure A. (3) Development Consent No. DA-21-00897 as modified by the Court is Annexure B. Catchwords: DEVELOPMENT APPEAL – modification application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.55, 4.56, 8.9 Land and Environment Court Act 1979, ss 8.9, 34 Environmental Planning and Assessment Regulation 2021, s 113 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts - Central River City) 2021, Appendix 11 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4 Texts Cited: Blacktown City Council Community Engagement Strategy and Community Participation Plan 2022 -2024. Blacktown City Council Growth Centres Precincts Development Control Plan 2010 Category: Principal judgment Parties: Archidrome Pty Ltd Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Lalich (Applicant) C Morton (Respondent) Solicitors: HWL Ebsworth Lawyers (Applicant) Sparke Helmore (Respondent) File Number(s): 2023/265733 Publication restriction: Nil Judgment 1. COMMISSIONER: This appeal concerns an application to modify a development consent for the construction of 49 two storey attached dwellings, associated 53 Torrens Title Lot subdivision, civil and drainage works, construction of community title lots, private roads and public roads at the subject site legally described as Lot 34 in DP 30186, known as 95 Tallawong Road, Rouse Hill NSW 2155 (the site). 2. The appeal is lodged pursuant to s 8.9 of the Environmental Planning and Assessment Act 1979 (EPA Act), following the deemed refusal of Modification Application No. DA-21-00897 by Blacktown City Council (the Respondent). In exercising the functions of the consent authority on the appeal, the Court has the power to determine the Modification Application pursuant to s 4.55(2)(a) of the EPA Act. The final orders in this appeal, outlined in [25] below, are made as a result of an agreement between the parties that was reached at a conciliation conference. 3. On 22 February 2022, the Land and Environment Court granted consent to Development Application DA-21-00897 (Development Consent) for the construction of 50 two storey attached dwellings, associated 53 Torrens Title Lot subdivision, civil and drainage works, construction of community title lots, private roads and public roads at the site. 4. On 21 July 2023, the Land and Environment Court granted consent to modify the Development Consent (Modified Consent) to relocate the onsite detention design and make changes to the related conditions of consent for the approved construction of 49 two (2) storey dwellings, associated 53 lot subdivision, civil and drainage works, and construction of community title lots, private roads and public roads at the site. 5. On 21 August 2023, the Applicant filed a Class 1 Appeal Application under subs 4.55(8) of the EPA Act seeking to modify the Development Consent (Modification Application), which seeks consent to reconfigure internal floor plans; relocate driveways for Lots 17, 24 and 42 with associated garages integrated into the dwellings; reconfigure the driveway for Lot 35; make changes to the façade of each dwelling at the site; and consequential amendments to the conditions of consent. 6. The Court arranged a conciliation conference for the current Modification Application under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 28 March 2024 and adjourned to 11 April 2024. At the request of the parties, the on-site view on 28 March 2024 was vacated as no submissions had been received. I presided over the conciliation conferences. 7. Over the course of the conciliation conferences, the parties reached an agreement in principle as to the terms of a decision in the proceedings that would be acceptable to the parties. The Applicant agreed to amend the application for the modification in response to matters raised by Council, and these amended plans form part of the s 34 agreement. A final agreement under s 34(3) of the LEC Act was filed on 22 April 2024. The agreement is supported by an agreed statement on jurisdictional prerequisites, which sets out the jurisdictional matters about which the consent authority must be satisfied. The decision agreed upon is for the grant of the Modification Application subject to conditions, pursuant to subs 4.55(2) of the EPA Act. 8. I have considered the contents of the agreed jurisdictional statement, together with the documents referred to therein, the Class 1 Application and its attachments, the documents that are referred to in Condition 1 (of Annexure A), concerning MOD A. Based on those documents, I have considered the matters required to be considered pursuant to ss 4.55(3) and 4.15(1) of the EPA Act. Jurisdictional preconditions Substantially the Same Development - Environmental Planning and Assessment Act 1. Pursuant to section 4.55(1A) of the EPA Act, a consent authority may modify a development consent if it is satisfied that: 1. the proposed modification is of minimal environmental impact; and 2. the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all); and 3. it has notified the application (if required) and has considered any submissions made concerning the proposed modification. 1. The parties submit, and I accept that, the application to modify Development Consent No. DA-21-00897 is substantially for the same development as the development for which consent was originally granted (and subsequently modified), as there are no changes proposed to the approved road layout, lot yield or the total developable area on the site. The parties advise that the changes to the proposed development are limited to: 1. the relocation of the driveways and integration of garages into the dwellings for lots 17, 24, and 42; 2. the reconfiguration of the driveway for Lot 35; 3. minor changes to lot grading and levels; 4. updates to the retaining walls Lot 5; and 5. changes to the internal floor plans and façade of each dwelling. 1. The parties further advise, and I agree, that the proposed development which is the subject of the Modification Application will not have an adverse impact on the natural and built environment in the locality. 2. I am satisfied that the decision is one that the Court can make in the proper exercise of its functions (this being the test applied by s 34(3) of the LEC Act). I form this state of satisfaction on the basis that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted, for the reasons that the modifications to the built form are minor, there is no change to the proposed use or generally to the external appearance of the approved building, and the development will be of the same height, similar bulk and scale, and have the same number of residential units. Public Notification 1. The Modification Application was notified between 4-18 September 2023 in accordance with Blacktown City Council Community Engagement Strategy and Community Participation Plan 2022 -2024. No submissions were received. Owner's consent 1. The Modification Application was made with the consent of the owner of the site. State Environmental Planning Policy (Biodiversity and Conservation) 2021 1. The parties advise that the site is located within the Hawkesbury-Nepean catchment for the purposes of Chapter 6 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (Biodiversity SEPP); and 1. With respect to the Modification Application, the parties are satisfied, and I agree, that the following provisions of the Biodiversity SEPP are met: 1. Section 6.6 - the effect of the proposed development on water quality in the Catchment will be as close to neutral or beneficial and any impact on water flow will be minimised. 2. Section 6.7 - the proposed development does not adversely impact the aquatic ecology with any direct, indirect or cumulative impacts, which are appropriately minimised in the Catchment. 3. Section 6.8 - the proposed development will not release any pollutants in the event of a flood, which may cause an adverse impact on the water quality of a natural waterbody, or have an adverse impact on the natural recession of floodwaters into wetlands and other riverine ecosystems. 4. Section 6.9 - the proposed development will not have an adverse effect on recreation and public access to natural waterbodies. State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 1. The amended Modification Application is accompanied by a BASIX Certificate No. 1198586M_06 dated 25 March 2024 prepared by ECO-MANTRA DESIGN, in compliance with the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. State Environmental Planning Policy (Precincts - Central River City) 2021 1. State Environmental Planning Policy (Precincts - Central River City) 2021 (SEPP Precincts CRC) applies to the site, which is located within the Riverstone East Precinct. The relevant statutory controls are contained within Appendix 11 (the Precinct Plan) of the SEPP Precincts CRC; and the parties advise that: 1. The majority of the site is zoned R3 Medium Density Residential with a minor portion of the site zoned SP2 Infrastructure; and 1. Drainage works are permitted with consent on land zoned SP2 Infrastructure; 2. Section 2.6 - land to which the Precinct Plan applies may be subdivided for residential development with development consent; 3. Section 4.1(3) - the size of any lot resulting from any subdivision of land is not to be less than the minimum size shown on the Lot Size Map. The Lot Size Map does not specify a minimum lot size for the site. Accordingly, the site is not subject to a minimum subdivision lot size; 4. Section 4.1AB(3) - the minimum lot size for a dwelling house is 300m2 if the minimum dwelling density per hectare is 15, 25 or 35. The site area zoned R3 Medium Density Residential is shown on the Residential Density Map as requiring a minimum density of 25 dwellings per hectare; 5. Section 4.1AA - consent may be granted in respect of lots below 300m2 (but not less than 225m2), if the subject lot will contain a sufficient building envelope to enable the erection of a dwelling house. One lot proposed under the Modification Application is below 300m2; 6. The lot which is less than 300m2 within the proposed development is capable of containing a sufficient building envelope to enable the erection of a dwelling house as indicated by the Masterplan (Pod 1 Detailed) S-03 prepared by Archidrome dated 25 January 2024; and 7. Section 6.1 - development consent must not be granted for development on land within the Precinct Plan unless the consent authority is satisfied that public utility infrastructure that is essential for the proposed development is available or adequate arrangements have been made to make it available when required. Public utility infrastructure is available at the Site. State Environmental Planning Policy (Resilience and Hazards) 2021 1. State Environmental Planning Policy (Resilience and Hazards) 2021 (the Resilience SEPP) Chapter 4 applies to the site, and the parties advise: 1. The development application was lodged and assessed pursuant to the previous State Environment Planning Policy No 55 (Remediation of Land and the Contamination Land Planning Guidelines) 1998 in the granting of the original development consent; 2. The site's contamination profile was considered during the assessment of the Development Consent, where the consent authority was satisfied that the site was able to be made suitable for the proposed residential use; 3. the Court can be satisfied that the site can be made suitable for the proposed residential use in accordance with section 4.6 of the Resilience SEPP. 1. The Blacktown City Council Growth Centres Precincts Development Control Plan 2010 (the DCP) applies to the site. The Respondent advises that the amended plans, materials, and conditions of consent, agreed between the parties as annexed to the section 34 agreement, resolve the Respondent's merit concerns. Conclusion and orders 1. As the parties' decision is within power as required by s 34(3) of the LEC Act, I now dispose of the proceedings in accordance with the parties' decision. 2. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any assessment of the merits of the amended Modification Application against the discretionary matters that arise pursuant to an assessment under ss 4.55(3) and 4.15(1) of the EPA Act. 3. The Court notes that: 1. Blacktown City Council, as the relevant consent authority, has agreed, under s 113 of the Environmental Planning and Assessment Regulation 2021, to the Applicant amending Modification Application DA-21-00897 in accordance with the amended architectural plans and documents listed in Condition 2.1.1 of the consolidated conditions of consent contained in Annexure B. below, except where amended by other conditions of this consent: (2) Drawing (3) Dated (4) Architectural Plans prepared by Archidrome Pty Ltd (5) Masterplan - Subdivision, Levels and Retaining Walls Plan - S-00 Rev 07 (6) 25/01/24 (7) Masterplan - Typology and Bin Collection - T-00 Rev 03 (8) 25/01/24 (9) Masterplan - Pod 3 Detailed Plan - S-01 Rev 01 (10) 25/01/24 (11) Masterplan - Pod 2 Detailed Plan - S-02 Rev 01 (12) 25/01/24 (13) Masterplan - Pod 3 Detailed Plan - S-03 Rev 01 (14) 25/01/24 (15) Unit Elevation Type A (Lot 32, 50) - I-03 Rev 03 (16) 29/02/24 (17) Unit Elevation Type A1 (Lot 25, 43) - I-03.a Rev 05 (18) 29/02/24 (19) Unit Elevation Type B (Lot 9, 26, 30, 44 & 46) - I-04 Rev 04 (20) 29/02/24 (21) Unit Elevation Type B (Lot 7, 28) - I-04.c Rev 02 (22) 29/02/24 (23) Unit Elevation Type B1 (Lot 8, 31) - I-04.1 Rev 02 (24) 29/02/24 (25) Unit Elevation Type B1 (Lot 6, 27, 29, 47, 49) - I-04.2 Rev 02 (26) 29/02/24 (27) Unit Elevation Type C (Lot 45) - I-05 Rev 03 (28) 29/02/24 (29) Unit Elevation Type C1 (Lot 48) - I-05.a Rev 03 (30) 29/02/24 (31) Unit Elevation Type D (Lot 24) - I-06 Rev 04 (32) 29/02/24 (33) Unit Elevation Type D1P (Lot 35) - I-06.a Rev 05 (34) 29/02/24 (35) Unit Elevation Type D1 (Lot 17, 42) - I-06.b Rev 01 (36) 29/02/24 (37) Unit Elevation Type E (Lot 16, 23, 41) - I-07 Rev 03 (38) 29/02/24 (39) Unit Elevation Type E1P (Lot 34) - I-07.a Rev 03 (40) 29/02/24 (41) Unit Elevation Type F (Lot 19, 20) - I-08 Rev 03 (42) 29/02/24 (43) Unit Elevation Type F1 (Lot 21, 36, 39) - I-08.a Rev 04 (44) 29/02/24 (45) Unit Elevation Type F1 (Lot 37, 38) - I-08.1 Rev 2 (46) 29/02/24 (47) Unit Elevation Type F2 (Lot 18) - I-08.b Rev 04 (48) 29/02/24 (49) Unit Elevation Type G (Lot 15, 22, 40) - I-9 Rev 03 (50) 29/02/24 (51) Unit Elevation Type G-1-P (Lot 33) - I-9.a Rev 03 (52) 29/02/24 (53) Unit Elevation Type J (Lot 2, 3, 14) - I-10 Rev 04 (54) 29/02/24 (55) Unit Elevation Type J (Lot 11) - I-10.a Rev 01 (56) 29/02/24 (57) Unit Elevation Type J (Lot 1, 4, 12, 13) - I-10.1 Rev 02 (58) 29/02/24 (59) Unit Elevation Type L-1 (Lot 10) - I-11.a Rev 03 (60) 29/02/24 (61) Elevations Pod 3 (Group 1) - E01 Rev 05 (62) 25/01/24 (63) Elevations Pod 3 (Group 2) - E02 Rev 05 (64) 25/01/24 (65) Elevation Pod 2 (Group 1) - E03 Rev 04 (66) 16/11/23 (67) Elevations Pod 2 (Group 2) - E04 Rev 04 (68) 16/11/23 (69) Elevations Pod 1 - E05 Rev 05 (70) 25/01/24 (71) Unit Plans - Type A (Lot 32,50) - A03 Rev 06 (72) 25/01/24 (73) Unit Plans - Type A-1 (Lot 25, 43) - A03a Rev 07 (74) 25/01/24 (75) Unit Plans - Type B (Lot 7,9,26,28,30,44,46) - A04 Rev 04 (76) 23/05/23 (77) Unit Plans - Type B1 (Lot 6, 8, 27, 29, 31,47, 49) - A04a Rev 05 (78) 25/01/24 (79) Unit Plans - Type C (Lot 45) - A05 Rev 05 (80) 25/01/24 (81) Unit Plans - Type C-1 (Lot 48) - A05.a Rev 05 (82) 25/01/24 (83) Unit Plans - Type D (Lot 24) - A06 Rev 06 (84) 25/01/24 (85) Unit Plans - Type D1p (Lot 35) - A06.a Rev 07 (86) 25/01/24 (87) Unit Plans - Type D1 (Lot 17, 42) - A06.b Rev 02 (88) 25/01/24 (89) Unit Plans - Type E (Lot 16, 23, 41) - A07 Rev 05 (90) 25/01/24 (91) Unit Plans - Type E1p (Lot 34) - A07.a Rev 05 (92) 25/01/24 (93) Unit Plans - Type F (Lot 19, 20) - A08 Rev 04 (94) 23/05/23 (95) Unit Plans - Type F-1 (Lot 21,36,37,38,39) - A08.a Rev 04 (96) 23/05/23 (97) Unit Plans - Type F-2 (Lot 18) - A08.b Rev 05 (98) 25/01/24 (99) Unit Plans - Type G (Lot 15,22,40) - A09 Rev 05 (100) 25/01/24 (101) Unit Plans - Type G-1p (Lot 33) - A09.a Rev 05 (102) 25/01/24 (103) Unit Plans - Type J (Lot 1,2,3,4) - A10 Rev 05 (104) 25/01/24 (105) Unit Plans - Type J (Lot 12, 13, 14) - A10.a Rev 06 (106) 25/01/24 (107) Unit Plans - Type J (Lot 11) - A10.b Rev 01 (108) 25/01/24 (109) Unit Plans - Type L-1 (Lot 10) - A12.a Rev 05 (110) 25/01/24 (111) Building Envelope Plan (Lot 5) - A13 Rev 00 (112) 27/02/23 (113) Material Schedule and Views Type A (Lot 50) - V01 Rev 01 (114) 09/11/23 (115) Material Schedule and Views Type A-1 (Lot 25, 43) - V02 Rev 01 (116) 09/11/23 (117) Material Schedule and Views Type B (Lot 9, 26, 30, 44) - V03 Rev 01 (118) 09/11/23 (119) Material Schedule and Views Type B (Lot 7, 28, 46) - V04 Rev 01 (120) 09/11/23 (121) Material Schedule and Views Type B-1 (Lot 8, 31) - V06 Rev 01 (122) 09/11/23 (123) Material Schedule and Views Type B-1 (Lot 27, 47) - V07 Rev 01 (124) 09/11/23 (125) Material Schedule and Views Type B-1 (Lot 6, 29, 49) - V08 Rev 01 (126) 09/11/23 (127) Material Schedule and Views Type C (Lot 45) - V09 Rev 01 (128) 09/11/23 (129) Material Schedule and Views Type C-1 (Lot 48) - V10 Rev 01 (130) 09/11/23 (131) Material Schedule and Views Type D (Lot 17, 42) - V11 Rev 01 (132) 09/11/23 (133) Material Schedule and Views Type D (Lot 24) - V12 Rev 01 (134) 09/11/23 (135) Material Schedule and Views Type D1P (Lot 35) - V13 Rev 01 (136) 09/11/23 (137) Material Schedule and Views Type E (Lot 16, 41) - V14 Rev 01 (138) 09/11/23 (139) Material Schedule and Views Type E (Lot 23) - V15 Rev 01 (140) 09/11/23 (141) Material Schedule and Views Type E1P (Lot 34) - V16 Rev 01 (142) 09/11/23 (143) Material Schedule and Views Type F (Lot 19) - V17 Rev 01 (144) 09/11/23 (145) Material Schedule and Views Type F (Lot 20) - V18 Rev 01 (146) 09/11/23 (147) Material Schedule and Views Type F1 (Lot 39) - V19 Rev 01 (148) 09/11/23 (149) Material Schedule and Views Type F1 (Lot 21, 36) - V19.1 Rev 01 (150) 09/11/23 (151) Material Schedule and Views Type F1 (Lot 38) - V20.1 Rev 01 (152) 09/11/23 (153) Material Schedule and Views Type F1 (Lot 37) - V20 Rev 01 (154) 09/11/23 (155) Material Schedule and Views Type F2 (Lot 18) - V21 Rev 01 (156) 09/11/23 (157) Material Schedule and Views Type G (Lot 22, 40) - V22 Rev 01 (158) 09/11/23 (159) Material Schedule and Views Type G (Lot 15) - V23 Rev 01 (160) 09/11/23 (161) Material Schedule and Views Type G1P (Lot 33) - V24 Rev 01 (162) 09/11/23 (163) Material Schedule and Views Type J (Lot 2, 11) - V25 Rev 01 (164) 09/11/23 (165) Material Schedule and Views Type J (Lot 3, 14) - V25.1 Rev 01 (166) 09/11/23 (167) Material Schedule and Views Type J (Lot 1, 12) - V26 Rev 01 (168) 09/11/23 (169) Material Schedule and Views Type J (Lot 4, 13) - V26.1 Rev 01 (170) 09/11/23 (171) Material Schedule and Views Type L-1 (Lot 10) - V28 Rev 01 (172) 09/11/23 (173) Door and Window Schedule DW-01 Rev 05 (174) 16/11/23 (175) Typical Section Plan (Section G-G) - T-01 Rev 01 (176) 14/09/23 (177) Typical Section Plan (Section F-F) - T-02 Rev 01 (178) 14/09/23 (179) Typical Section Plan (Section E-E) - T-03 Rev 01 (180) 14/09/23 (181) Site Section Plan (Section A-A) - D-01 Rev 03 (182) 16/11/23 (183) Site Section Plan (Section B-B, C-C, D-D) - D-02-03 Rev 02 (184) 23/05/23 (185) Privacy and Overlooking Review: Design Strategies Plan - J-01 Rev 00 (186) 06/03/24 (187) Privacy and Overlooking Review: Design Strategies Plan - J-02 Rev 00 (188) 06/03/24 (189) Typical Sectional Details: Detail Strategies Plan - J-03 Rev 00 (190) 06/03/24 (191) Roof Plan - R-00 Rev 00 (192) 09/11/23 (193) Solar Access Compliance - Shadow Analysis S-01 Rev 01 (194) 23/05/23 (195) Shadow Access Calculations - S-02 Rev 01 (196) 23/05/23 (197) Shadow Analysis at 9AM - S-03 Rev 01 (198) 23/05/23 (199) Shadow Analysis at 10AM - S-04 Rev 01 (200) 23/05/23 (201) Shadow Analysis at 11AM - S-05 Rev 01 (202) 23/05/23 (203) Shadow Analysis at 12PM - S-06 Rev 01 (204) 23/05/23 (205) Shadow Analysis at 1PM - S-07 Rev 01 (206) 23/05/23 (207) Shadow Analysis at 2PM - S-08 Rev 01 (208) 23/05/23 (209) Shadow Analysis at 3PM - S-09 Rev 01 (210) 23/05/23 (211) Civil Engineering Plans prepared by Group Development Services Pty Ltd (212) P00517-S4.55-SWC-1001 Cover Sheet, Locality Plan and Drawing Schedule (Rev. 5) (213) 24/11/23 (214) P00517-S4.55-SWC-1021 General Notes (Rev. 5) (215) 24/11/23 (216) P00517-S4.55-SWC-1031 General Arrangement Plan (Rev. 5) (217) 24/11/23 (218) P00517-S4.55-SWC-1051 Existing Site Survey and Services (Rev. 5) (219) 24/11/23 (220) P00517-S4.55-SWC-1061 Demolition and Tree Removal/Retention Plan (Rev. 5) (221) 24/11/23 (222) P00517-S4.55-SWC-1101 Erosion and Sediment Control Plan (Rev. 5) (223) 24/11/23 (224) P00517-S4.55-SWC-1131Eroision and Sediment Control Details (Rev. 5) (225) 24/11/23 (226) P00517-S4.55-SWC-1201 Cut and Fill Earthworks Plan (Rev. 5) (227) 24/11/23 (228) P00517-S4.55-SWC-1231 Site Sections Sheet 1 (Rev. 5) (229) 24/11/23 (230) P00517-S4.55-SWC-1232 Site Sections Sheet 2 (Rev. 5) (231) 24/11/23 (232) P00517-S4.55-SWC-1233 Site Sections Sheet 3 (Rev. 5) (233) 24/11/23 (234) P00517-S4.55-SWC-1301 Stormwater Drainage Pre-Development Catchment Plan (Rev. 5) (235) 24/11/23 (236) P00517-S4.55-SWC-1302 Stormwater Drainage Post Development Catchment Plan (Rev. 5) (237) 24/11/23 (238) P00517-S4.55-SWC-1321 Civil Works and Stormwater Drainage Plan Sheet 1 (239) 24/11/23 (240) P00517-S4.55-SWC-1322 Civil Works and Stormwater Drainage Plan Sheet 2 (Rev. 5) (241) 24/11/23 (242) P00517-S4.55-SWC-1351 Pavement, Signage and Linemarking Plan (Rev. 6) (243) 24/11/23 (244) P00517-S4.55-SWC-1381 Turning Path Plan Sheet 1 (Rev. 5) (245) 24/11/23 (246) P00517-S4.55-SWC-1382 Turning Path Plan Sheet 2 (Rev. 5) (247) 24/11/23 (248) P00517-S4.55-SWC-1383 Turning Path Plan Sheet 3 (Rev. 5) (249) 24/11/23 (250) P00517-S4.55-SWC-1401 Civil Works and Pavement Details (Rev. 6) (251) 24/11/23 (252) P00517-S4.55-SWC-1411 Detention Basin A Plan and Details (Rev. 5) (253) 24/11/23 (254) P00517-S4.55-SWC-1421 Stormwater Drainage Details Sheet 1 (Rev. 5) (255) 24/11/23 (256) P00517-S4.55-SWC-1422 Stormwater Drainage Details Sheet 2 (Rev. 5) (257) 24/11/23 (258) P00517-S4.55-SWC-1441 Stormwater Longitudinal Sections Sheet 1 (Rev. 5) (259) 24/11/23 (260) P00517-S4.55-SWC-1442 Stormwater Longitudinal Sections Sheet 2 (Rev. 5) (261) 24/11/23 (262) P00517-S4.55-SWC-1443 Stormwater Longitudinal Sections Sheet 3 (Rev. 5) (263) 24/11/23 (264) P00517-S4.55-SWC-1444 Stormwater Longitudinal Sections Sheet 4 (Rev. 5) (265) 24/11/23 (266) P00517-S4.55-SWC-1445 Stormwater Longitudinal Sections Sheet 5 (Rev. 5) (267) 24/11/23 (268) P00517-S4.55-SWC-1446 Stormwater Longitudinal Sections Sheet 6 (Rev. 5) (269) 24/11/23 (270) P00517-S4.55-SWC-1447 Stormwater Longitudinal Sections Sheet 7 (Rev. 5) (271) 24/11/23 (272) P00517-S4.55-SWC-1448 Stormwater Longitudinal Sections Sheet 8 (Rev. 5) (273) 24/11/23 (274) P00517-S4.55-SWC-1449 Stormwater Longitudinal Sections Sheet 9 (Rev. 5) (275) 24/11/23 (276) P00517-S4.55-SWC-1461 20 Year and 100 Year ARI Stormwater Drainage Data Sheet 1 (Rev. 5) (277) 24/11/23 (278) P00517-S4.55-SWC-1462 20 Year and 100 Year ARI Stormwater Drainage Data Sheet 2 (Rev. 5) (279) 24/11/23 (280) P00517-S4.55-SWC-1463 20 Year and 100 Year ARI Stormwater Drainage Data Sheet 3 (Rev. 5) (281) 24/11/23 (282) P00517-S4.55-SWC-1501 Typical Road Cross Sections (Rev. 5) (283) 24/11/23 (284) P00517-S4.55-SWC-1521 Road Longitudinal Sections Sheet 1 (Rev. 5) (285) 24/11/23 (286) P00517-S4.55-SWC-1522 Road Longitudinal Sections Sheet 2 (Rev. 5) (287) 24/11/23 (288) P00517-S4.55-SWC-1523 Road Longitudinal Sections Sheet 3 (Rev. 5) (289) 24/11/23 (290) P00517-S4.55-SWC-1524 Road Longitudinal Sections Sheet 4 (Rev. 5) (291) 24/11/23 (292) P00517-S4.55-SWC-1541 Road Cross Sections Sheet 1 (Rev. 5) (293) 24/11/23 (294) P00517-S4.55-SWC-1542 Road Cross Sections Sheet 2 (Rev. 5) (295) 24/11/23 (296) P00517-S4.55-SWC-1543 Road Cross Sections Sheet 3 (Rev. 5) (297) 24/11/23 (298) P00517-S4.55-SWC-1561 Kerb Return Plan and Longitudinal Sections Sheet 1 (Rev. 5) (299) 24/11/23 (300) P00517-S4.55-SWC-1562 Kerb Return Plan and Longitudinal Sections Sheet 2 (Rev. 5) (301) 24/11/23 (302) P00517-S4.55-SWC-1601 Retaining Wall Locality Plan and Detail (Rev. 5) (303) 24/11/23 (304) P00517-S4.55-SWC-1621 RW01, RW02, RW03, RW04 and RW05 Plan and Longitudinal Sections (Rev. 5) (305) 24/11/23 (306) P00517-S4.55-SWC-1622 RW06, RW07, RW08, RW09, RW10, RW11 Plan and Longitudinal Sections (Rev. 5) (307) 24/11/23 (308) P00517-S4.55-SWC-1623 RW12, RW13, RW14 Plan and Longitudinal Sections (Rev. 5) (309) 24/11/23 (310) P00517-S4.55-SWC-1624 RW15, RW16, RW17, RW18, RW19, RW20 Plan and Longitudinal Sections (Rev. 5) (311) 24/11/23 (312) P00517-S4.55-SWC-1625 RW21 and Gabion Wall Plan and Longitudinal Sections (Rev. 5) (313) 24/11/23 (314) P00517-S4.55-SWC-1626 RW22 Plan and Longitudinal Section (Rev. 5) (315) 24/11/23 (316) P00517-S4.55-SWC-1701 Street Tree Planting Plan (Rev. 5) (317) 24/11/23 (318) P00517-S4.55-SWC-1721 Street Tree Planting Details (Rev. 5) (319) 24/11/23 (320) P00517-S4.55-SWC-1801 Services Coordination Plan and Detail (Rev. 5) (321) 24/11/23 (322) P00517-S4.55-SWC-1901 Safety in Design (Rev. 5) (323) 24/11/23 1. The amended Modification Application is accompanied by a BASIX Certificate No. 1198586M_06 dated 25 March 2024 prepared by ECO-MANTRA DESIGN, in compliance with the State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004. 2. The amended Modification Application was filed with the Court on 22 April 2024. 3. The Court orders that: 1. The appeal is upheld. 2. Development Consent No. DA-21-00897 is modified in the terms in Annexure A. 3. Development Consent No. DA-21-00897 as modified by the Court is Annexure B. G Kullen Acting Commissioner of the Court ********** Annexure A Annexure B DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 30 May 2024