Allera Planning Pty Ltd v Blacktown City Council [2024] NSWLEC 1763

Land and Environment Court New South Wales

Medium Neutral Citation: Allera Planning Pty Ltd v Blacktown City Council [2024] NSWLEC 1763 Hearing dates: Conciliation Conference 12 November 2024 Date of orders: 28 November 2024 Decision date: 28 November 2024 Jurisdiction: Class 1 Before: Targett C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA-23-01209, as amended, for the Torrens title subdivision creating 19 lots across two stages on the land at Lot 101 in Deposited Plan 771563, Gardner Street, Rooty Hill, is determined by the grant of consent subject to the conditions at Annexure A. (3) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs thrown away as a result of the amendments to Development Application No. DA-23-01209 in the agreed amount of $12,000 within 14 days of these orders. Catchwords: APPEAL – Development application - conciliation conference – agreement between the parties - orders Legislation Cited: Biodiversity Conservation Act 2016, ss 6.12, 6.15, 7.7, 7.13, Pt 7 Environmental Planning and Assessment Act 1979, ss 4.15, 8.7, 8.10, 8.11, 8.15 Land and Environment Court Act 1979, ss 17, 34 Biodiversity Conservation Regulation 2017, cl 7.3 Environmental Planning and Assessment Regulation 2021, s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, s 6.6, Ch 6 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 Blacktown Local Environmental Plan 2015, cll 2.6, 4.1, 4.1B, 7.5 Blacktown Development Control Plan 2015 Category: Principal judgment Parties: Allera Planning Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Tomasetti SC (Applicant) N Hammond (Respondent)