Provincial Investments (NSW) Pty Ltd v Blacktown City Council [2024] NSWLEC 1734

Land and Environment Court New South Wales

Medium Neutral Citation: Provincial Investments (NSW) Pty Ltd v Blacktown City Council [2024] NSWLEC 1734 Hearing dates: Conciliation conference on 4 November 2024 Date of orders: 15 November 2024 Decision date: 15 November 2024 Jurisdiction: Class 1 Before: Washington C Decision: The Court orders: (1) The appeal is upheld. (2) Development Application No. DA-23-00676 for subdivision of three lots into six lots including demolition of existing structures, tree removal, construction of roads and associated drainage and earthworks on land described as 249-271 Railway Terrace, Schofields NSW 2762 (Lots 3 and 4 in Deposited Plan 1268701 and Lot 5 in Deposited Plan 26987), as amended, is determined by the grant of consent, subject to the conditions set out at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – subdivision – agreement between the parties – orders Legislation Cited: Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7, 6.8, 6.9, 6.10 State Environmental Planning Policy (Precincts—Central River City) 2021, Appendix 7, ss 2.3, 2.6, 4.1AB, 4.1AC, 5.9, 5.10, Pt 4 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.98, 2.119 Texts Cited: Blacktown City Council, Community Engagement Strategy and Community Participation Plan, 2022/24 Category: Principal judgment Parties: Provincial Investments (NSW) Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: C Koikas (Applicant) D Loether (Solicitor) (Respondent)