Legacy Property Pty Ltd v Blacktown City Council [2016] NSWLEC 1206

Land and Environment Court New South Wales

Medium Neutral Citation: Legacy Property Pty Ltd v Blacktown City Council [2016] NSWLEC 1206 Hearing dates: 4, 5, 6 May 2016 Date of orders: 06 May 2016 Decision date: 06 May 2016 Jurisdiction: Class 1 Before: Pearson C Decision: Paragraphs [25] and [26] Catchwords: DEVELOPMENT MODIFICATION: Residential subdivision – Pedestrian access – Pedestrian bridge Legislation Cited: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988 Blacktown Local Environmental Plan 2015 Category: Principal judgment Parties: Legacy Property Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr M Fraser (Respondent)

Solicitors: Mr A Perkins, Colin Biggers & Paisley (Applicant) Mr P Couch, Sparke Helmore (Respondent) File Number(s): 11035 of 2015; 11036 of 2015

Judgment This decision was given as an extemporaneous decision. It has been revised and edited prior to publication. 1. These two appeals are brought under s 97AA of the Environmental Planning and Assessment Act 1979 (the Act) against the respondent Council's refusal of two applications made on 13 May 2015, initially under s 96(1A) of the Act, later clarified to be s 96(2) of the Act, to modify two development consents granted in respect of a residential subdivision at 799 Richmond Road, Marsden Park (the site), which is part of the Colebee Release Area within the North West Growth Centre. 2. Appeal 11036 of 2015 is against the refusal of Modification Application No. 15-1086 to modify Development Consent No. 10-1631 granted on 29 July 2011, for Stage 1 of the residential subdivision. Appeal 11035 of 2015 is against the refusal of Modification Application No. 15-1085 to modify Development Consent No. 10-2842 granted on 19 December 2011 for Stage 2 of the subdivision. 3. The appeals were the subject of a conciliation conference under s 34 of the Land and Environment Court Act 1979, conducted by another Commissioner. No agreement was reached and the conciliation was terminated, and the matter set down for hearing. On the second day of the hearing, the parties advised that they had reached agreement and were now seeking consent orders from the Court.