Universal Property Group Pty Ltd v Blacktown City Council [2024] NSWLEC 1728

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2024] NSWLEC 1728 Hearing dates: Conciliation conference on 1 November 2024 Date of orders: 12 November 2024 Decision date: 12 November 2024 Jurisdiction: Class 1 Before: Porter C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No DA-23-00157, as amended, for four lot subdivision, staged construction of multi dwelling housing comprising 158 x 2 storey dwellings including 280 car parking spaces, construction and dedication of public roads, internal private roads, stormwater drainage works, tree removal and landscaping on land legally described as Lots 21, 22 and 23 in DP1224519 and Lot 1 in DP224731, known as 1578, 1580, 1584 and 1586 Windsor Road, Vineyard NSW 2765, and Part of Lots 18 and 19 in DP1224519, known as O'Connell Street, Vineyard NSW 2765, Lot 2 DP795119, known as 10 Bandon Road, Vineyard NSW 2765, and Lot 1 in DP547368, and known as 34 Bandon Road, Vineyard NSW 2765, subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLEAL – multi-dwellings – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, Pts 7,8 Environmental Planning and Assessment Act 1979, ss 4.14, 4.16, 4.47, 8.7 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B Biodiversity Conservation (Savings and Transitional) Regulation 2017, cl 35 Environmental Planning and Assessment Regulation 2021, ss 37, 37, 38 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Precincts – Central River Cities) 2021, Appendix 7, ss 2.6, 4.1AB, 4.3, 5.9, 6.1, 6.2, 6.5 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sustainable Buildings) 2022 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.119, 2.120, 2.122 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton with J Reid (Applicant) G Farland (Respondent)