C2526 Pty Ltd v Blacktown City Council [2024] NSWLEC 1641

Land and Environment Court New South Wales

Medium Neutral Citation: C2526 Pty Ltd v Blacktown City Council [2024] NSWLEC 1641 Hearing dates: 5 and 6 August 2024 Date of orders: 15 October 2024 Decision date: 15 October 2024 Jurisdiction: Class 1 Before: Miller AC Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to staged development application DA23-00246 for removal of trees and a 11 lot Torren Title subdivision in two stages together with 8 residue lots and one lot for road acquisition subject to the conditions of consent at Annexure A. (3) The exhibits are retained. Catchwords: APPEAL – development application – orderly development of land, staged Torrens title subdivision, possible future road widening, integrated development Legislation Cited: Biodiversity Conservation Act 2016, s.8.4 Environmental Planning and Assessment Act 1979, ss. 3.15, 4.15, 8.7, 8.15 Roads Act 1993 Land Acquisition (Just Terms Compensation) Act 1991, Div 3 Part 2 Land and Environment Court Act 1979, s 39 Local Government Act 1993 Rural Fires Act 1997, s100B Environmental Planning and Assessment Regulation 2021, s.23 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, Div 2, ss.6.6, 6.8, 8.4 State Environmental Planning Policy (Exempt and Complying Codes) 2008 ss 1.18, 1.19A, 1.20 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 7, ss 2.3, 2.6, 2.6A, 4.1AB, 4.1AD, 4.1AE, 4.1AF, 4.1B, 4.1C, 5.1, 5.9, 5.10, 6.1, 6.8 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, s 2.120 Cases Cited: Micallef v Hawkesbury City Council [2021] NSWLEC 1410 Texts Cited: Alex Avenue and Riverstone Precinct Plan 2010 Blacktown City Council Growth Centres Precincts Development Control Plan Category: Principal judgment Parties: C 2526 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr J Farrell (Applicant) Mr A Seton (Solicitor) (Respondent)