Statewide Planning Pty Ltd v Blacktown City Council [2019] NSWLEC 1397

Land and Environment Court New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Blacktown City Council [2019] NSWLEC 1397 Hearing dates: 9-10 April 2019; 2 May 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Class 1 Before: Adam AC Decision: The Court orders that: (1) Leave is granted for the Applicant to rely on the amended plans in Exhibit D. (2) The appeal is dismissed. (3) Development Application No. DA 16-03483 for Torrens title subdivision to create 30 residential lots, 1 residue lot for future development, 1 residue lot for public open space, the construction of 30 dwelling houses, a new public road, stormwater drainage works and landscaping at 35 Denis Winston Drive, Doonside be determined by refusal. (4) The exhibits may be returned, except for Exhibits 1, 4, 7, B1, B2 and D. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – development of residences and road – Cumberland Plain Woodland – impacts on Critically Endangered Ecological Community – cumulative impact – Conservation Management Plan – adequacy of amelioration – whether jurisdictional precondition is met Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation (Savings and Transitional) Regulation 2017 Blacktown Local Environmental Plan 2015 Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Land and Environment Court Act 1979 Local Government Act 1993 Threatened Species Conservation Act 1995 Cases Cited: BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 BT Goldsmith Planning Services Pty Limited v Blacktown City Council [2005] NSWLEC 210 Bulga Milbrodale Progress Association Inc v Minister for Planning and Infrastructure and Warkworth Mining Limited (2013) 194 LGERA 347; [2013] NSWLEC 48 Gloucester Resources Ltd v Minister for Planning [2019] NSWLEC 7 Newcastle and Hunter Valley Speleological Society Inc v Upper Hunter Shire Council and Stoneco Pty Limited (2010) 210 LGERA 126; [2010] NSWLEC 48 Tarkine National Coalition v Minister for the Environment (2005) 233 FCR 254; (2005) 208 LGERA 379; [2015] FCAFC 89 Texts Cited: Blacktown Development Control Plan 2015 California Environmental Quality Act Guidelines (December 2018) DECC (2008) BioBanking Assessment Methodology and Credit Calculator Operation Manual Department of Environment and Climate Change, BioBanking Assessment Methodology and Credit Calculator Operational Manual (Department of Environment and Climate Change 2008) Department of Environment, Climate Change and Water (2007) Threatened Species Assessment Guidelines Department of Environment, Climate Change and Water (2011) Cumberland Plain Recovery Plan U.S. Electronic Code of Federal Regulations (August 2019) Office of Environment & Heritage, "OEH principles for the use of biodiversity offsets in NSW" (November 2018) Office of Environment and Heritage (2018) Threatened Species Test of Significance Guidelines R Clark, "Cumulative effects assessment: a tool for sustainable development" (1994) 12 Impact Assessment 3 Swearingen et al, Plant Invaders of Mid-Atlantic Natural Areas (4th ed, 2010, National Park Service and U.S. Fish and Wildlife Service, Washington, DC) B J Preston, "Biodiversity Offsets: Adequacy and Efficacy in Theory and Practice" (2016) 33(2) EPLJ 93 Category: Principal judgment Parties: Statewide Planning Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: P Tomasetti SC with J Doyle (Applicant) S Simington (Solicitor) (Respondent)