St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1279

Land and Environment Court New South Wales

Medium Neutral Citation: St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1279 Hearing dates: Conciliation conference on 23 May 2019; 14 June 2019 Date of orders: 20 June 2019 Decision date: 20 June 2019 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders: (1) The applicant is granted leave to amend its application, and the plans filed with the Court on 9 October 2018, in accordance with condition 4.1.3 of 'Annexure A'. (2) The Applicant is to pay the Council's costs thrown away by reason of the leave granted in (1) in the agreed amount of $7,120.00 (not including any GST). (3) The appeal is upheld. (4) Development Application DA-18-00559 lodged on 29 March 2018 as amended by order (1) above (Development Application), seeking development consent for the construction of approximately 1.5km of the East West Connector Road (including bulk earthworks, importation and reuse of fill, retaining walls, fauna, crossings, stormwater and culvert crossings, widening of existing road footprint, pedestrian and cycle paths) and construction of a new Ropes Creek Bridge (including installing of new bridge piers, new support structures, and new bridge deck including handrails), Ropes Crossing, including, temporary use of access tracks and remediation comprising Stage 1 of the East West Connector Road development overs Lot 2 in DP 1203565, and part of Lots 5 and 6 in DP 1203565, is approved subject to the conditions set out in 'Annexure A' attached hereto. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Sydney Regional Environmental Plan No 30 – St Marys Category: Principal judgment Parties: St Marys Land Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Farrell (Applicant)