Busways Group Pty Ltd v Blacktown City Council [2024] NSWLEC 1574

Land and Environment Court New South Wales

Medium Neutral Citation: Busways Group Pty Ltd v Blacktown City Council [2024] NSWLEC 1574 Hearing dates: Conciliation conference on 30 August 2024 Date of orders: 17 September 2024 Decision date: 17 September 2024 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is to pay the respondent's costs thrown away as a result of the amendment of the application, pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. (2) The appeal is upheld. (3) Development Application No. DA-22-01379 for the demolition of structures, the removal of trees, the construction and operation of a new bus depot at 65 Owen Street, Glendenning is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – bus depot – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, ss 9.4, 9.5 Texts Cited: Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Busways Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: N Eastman SC (Applicant) N Thomas (Solicitor) (Respondent)