Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1304

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Limited v Blacktown City Council [2019] NSWLEC 1304 Hearing dates: Conciliation conference on 31 May 2019 Date of orders: 28 June 2019 Decision date: 28 June 2019 Jurisdiction: Class 1 Before: Walsh C Decision: See orders at [11] below Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Category: Principal judgment Parties: Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant)

Solicitors: Swaab (Applicant) L Raffaele, Bartier Perry (Respondents) File Number(s): 2018/324005 Publication restriction: No

Judgment 1. COMMISSIONER: These proceedings, brought under Class 1 of the Court's jurisdiction, are an appeal pursuant to s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against Blacktown City Council's deemed refusal of development application DA-18-01783 ('DA'). 2. Pursuant to the parties' s34 Agreement, the Applicant seeks leave to rely on amended plans and material. Under the DA as amended, the Applicant seeks consent for the subdivision of three allotments into 91 Torrens Title lots, the removal of trees, the erection of 28 multi dwelling housing dwellings on proposed Lot 92, construction of roads and stormwater drainage work at Lot 2 DP 846728 and Lots 4 and 5 DP 837354 known as 125, 129 and 137 Burdekin Road, Quakers Hill (the Site).