BTG Planning v Blacktown City Council [2008] NSWLEC 1500

Land and Environment Court of New South Wales

CITATION : BTG Planning v Blacktown City Council [2008] NSWLEC 1500

Applicant: BTG Planning PARTIES : Respondent: Blacktown City Council

FILE NUMBER(S) : 10579 of 2008

CORAM: Roseth SC - Taylor C

KEY ISSUES: Development Application :- endangered ecological community; threatened species; Cumberland Plain Woodland; Cumberland Plain Land Snail

LEGISLATION CITED: Environmental Planning and Assessment Act 1979; Threatened Species Conservation Act 1995; and Protection of the Environment Administration Act 1991

CASES CITED: Goldsmith v Blacktown City Council [2007] NSWLEC 229

DATES OF HEARING: 24/11/2008, 25/11/2008 and 26/11/2008

DATE OF JUDGMENT: 24 December 2008

Applicant: LEGAL REPRESENTATIVES: Ms H Irish, barrister instructed by Mr B Goldsmith, town planner Respondent: Mr J Ayling SC instructed by Mrs M Taylor, solicitor of Bartier Perry solicitors

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Taylor C

24 December 2008

10579 of 2008 BTG Planning v Blacktown City Council

JUDGMENT 1 Senior Commissioner and Commissioner: This is an appeal against the deemed refusal of a development application to subdivide lot 101 DP 863828, Hampton Crescent, Prospect under Community Title into 26 residential lots, a community lot for roads and a further lot for conservation to be dedicated to the council.

The site 2 The site is at the western end of Hampton Crescent and adjoins the rear of properties on the western side of Chapel Circuit. Its area is 4.2ha. A ridge runs through it in a north-south direction, from which the land falls to the east and west. Adjoining to the west is the Timbertop Reserve, which has an area of 2.9ha and is zoned Open Space. To the south the site adjoins the Great Western Highway. To the north it adjoins a drainage reserve and an easement for a transmission line.