Western Sydney Conservation Alliance v Penrith City Council [2011] NSWLEC 244

Land and Environment Court New South Wales

Medium Neutral Citation: Western Sydney Conservation Alliance v Penrith City Council [2011] NSWLEC 244 Hearing dates: 31 October 2011, 1 and 3 November 2011 Decision date: 16 December 2011 Jurisdiction: Class 4 Before: Moore AJ Decision: 1. That the operation of the consents to DA 11/0514, DA 11/0515, DA 11/0516 and DA 11/0517 be suspended in part. 2. The operation of the consents not be suspended to the extent necessary to carry out such development as is reflected in the undertaking of the second and third respondents noted in paragraph 7 of these orders. 3. The consents be validated upon the first respondent having regard to the details of the Cumberland Plain Recovery Plan gazetted 18 February 2011. 4. The application otherwise be dismissed. 5. Each party pay its own costs. 6. The second and third respondents be released from the undertaking given on 13 October 2011. 7. The Court notes the undertaking given to the Court by the second and third respondents, through their solicitor that they will not, by themselves their servants or agents or assigns, carry out development for the residential subdivision of land at the Western Precinct of the St Marys Release Area known as "Jordan Springs, Villages 2" pursuant to DA 11/0514, DA 11/0515, DA 11/0516 or DA 11/0517, other than within the areas identified as "Required Infrastructure Areas" marked in orange on the plan attached to the short minutes of order submitted by the second and third respondents on 13 December 2011. Catchwords: JUDICIAL REVIEW - whether consideration of recovery plan necessary - whether consideration given to particular recovery plan Legislation Cited: The Environmental Planning and Assessment Act 1979 (NSW) The Threatened Species Conservation Act 1995 (NSW) Cases Cited: Aldous v Greater Taree City Council (2009) 167 LGREA 13 Homemakers Supacenta-Belrose Pty Ltd v Warringah Council (No 2) (2008) 158 LGERA 90 Newcastle & Hunter Valley Speleological Society Inc v Upper Hunter Shire Council [2010] NSWLEC 48 Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 Zhang v Canterbury City Council (2001) 51 NSWLR 589 Category: Principal judgment Parties: Western Sydney Conservation Alliance Inc (Applicant Penrith City Council (First Respondent) Maryland Development Company Pty Ltd (Second Respondent) St Mary's Land Limited (Third Respondent) Representation: Mr C D Norton (Applicant) Mr A M Pickles (First Respondent) Mr N A Hemmings QC (Second and Third Respondents) Environmental Defender's Office (NSW) (Applicant) Sparke Helmore (First Respondent) Allens Arthur Robinson (Second and Third Respondents) File Number(s): 40873 of 2011