Arcidiacono as Trustees for the Arcidiacono Family Trust v Blacktown City Council [2019] NSWLEC 1264

Land and Environment Court New South Wales

Medium Neutral Citation: Arcidiacono as Trustees for the Arcidiacono Family Trust v Blacktown City Council [2019] NSWLEC 1264 Hearing dates: 6-9 May 2019 and 25 June 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) Leave is granted to rely on: Landscape Specification, Details & Plant Schedules, dated 21 May 2019; and Subdivision Plan, Version F, dated 14 June 2019. (2) The appeal is upheld. (3) Development Application (DA) 17/01780 for Stage 1 of a staged concept development, seeks Torrens title subdivision into three lots, demolition of existing structures, tree removal, and construction of a service station with associated car wash, convenience store, café, road works, landscaping including 10m buffer along Honeman Close, drainage and earthworks on Lot 2 DP 229466, also known as 6 Honeman Close, Huntingwood is approved subject to conditions in Annexure A. (4) The exhibits, except for Exhibits 1, 12, 15, A, C, D and E are returned. Catchwords: DEVELOPMENT APPLICATION – subdivision service station and car wash – vegetation buffer as visual impact to place of State Heritage Significance – vegetation reserve for endangered ecological communities – biobanking – biodiversity conservation Legislation Cited: Biodiversity Conservation Act 2016 Blacktown Local Environmental Plan 2015 Conveyancing Act 1919 Environmental Planning and Assessment Act 1979 Heritage Act 1977 Land and Environment Court Act 1979 Local Government Act 1993 Roads Act 1993 Threatened Species Conservation Act 1995 State Environmental Planning Policy (Western Sydney Employment Area) 2009 Environmental Protection and Biodiversity Conservation Act 1999 (Cth) Cases Cited: Denning Tweed Heads Pty Ltd v Tweed Shire Council [2018] NSWLEC 1108 Stamford Property Services Pty Ltd v Mulpha Australia Ltd [2019] NSWCA 141 Scully v Leichhardt Council (1994) 85 LGERA 109 Timpag Investments Pty Limited v Liverpool City Council [2018] NSWLEC 1296 Texts Cited: Biobanking Assessment Methodology 2014 Huntingwood Precinct Development Control Plan 2011 Category: Principal judgment Parties: Arcidiacono Family Trust (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Clay SC (Applicant) A Pearman (Respondent)