UPG 368 Pty Ltd v Blacktown City Council [2024] NSWLEC 1329

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 368 Pty Ltd v Blacktown City Council [2024] NSWLEC 1329 Hearing dates: Conciliation Conference 4 June 2024 Date of orders: 18 June 2024 Decision date: 18 June 2024 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The Applicant is granted leave to file the Amended Development Application referred to in Note 2 with the Court. (2) The Appeal is upheld. (3) Development Application No. DA-23-00022, Torrens title subdivision into 2 super lots, construction of public roads, tree removal, stormwater drainage and associated site works on land legally described as Lot 66 in DP30186 and known as 58 Tallawong Road, Tallawong NSW 2762, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPEAL – Torrens title superlot subdivision – conciliation conference – agreement between the parties - orders Legislation Cited: Biodiversity Conservation Act 2016, Pt 7, 8, s 7.6 Environmental Planning and Assessment Act 1979, ss 4.16, 4.47, 8.7, 10.3 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Threatened Species Conservation Act 1995, Pt 7, Sch 7. Water Management Act 2000 s 91 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 6.2, Div 2 State Environmental Planning Policy (Precincts—Central River City) 2021, Appendix 11, ss 2.2, 2.6, 5.3, 5.9, 6.1, 6.3, 6.4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.99 Water Management (General) Regulation 2018, Sch Cases Cited: Stewart v Inner West Council [2023] NSWLEC 136 Texts Cited: Community Engagement Strategy and Community Participation Plan 2022-2024 Order to confer biodiversity certification on the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, NSW Government Gazette No. 182, 14 December 2007 Category: Principal judgment Parties: UPG 368 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: L Nurpuri (Applicant) M Fozzard (Respondent)