Riverstone Parade Pty Limited v Blacktown City Council [2015] NSWLEC 1005

Land and Environment Court New South Wales

Medium Neutral Citation: Riverstone Parade Pty Limited v Blacktown City Council [2015] NSWLEC 1005 Hearing dates: 8-11 December 2014 Decision date: 09 January 2015 Jurisdiction: Class 1 Before: Fakes C, Speers AC Decision: Appeal dismissed Catchwords: DEVELOPMENT APPLICATION: Bulk earth works; flooding; Legislation Cited: Environmental Planning and Assessment Act 1979 Threatened Species Conservation Act 1995 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 State Environmental Planning Policy (Sydney Regional Growth Centres) Amendment (Riverstone West Precinct) 2009 Cases Cited: Dainford v Lamb (1985) 3 NSWLER 255 Manning v Bathurst Regional Council & Others (No 2) [2013] NSWLEC 186 Category: Principal judgment Parties: Riverstone Parade Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Applicant: Mr P Clay SC (Barrister) Respondent: Mr D Miller SC (Barrister)

Solicitors: Applicant: Landerer & Company, Solicitors Respondent: Sparke Helmore Lawyers File Number(s): 10308 of 2014

Judgment 1. COMMISSIONERS: The applicant appeals Blacktown City Council's refusal of Development Application DA-13-1845 for Stage 1 bulk earthworks and associated activities on part of Lot 211, DP 830505, Riverstone (the site). The site is part of the Riverstone West Precinct, which in turn forms part of the NSW Government's North West Growth Centre. 2. The appeal is made under s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act).