St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1601

Land and Environment Court New South Wales

Medium Neutral Citation: St Marys Land Limited v Blacktown City Council [2019] NSWLEC 1601 Hearing dates: Conciliation conference 15 November 2019 Date of orders: 05 December 2019 Decision date: 05 December 2019 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders: (1) The Applicant is granted leave to amend its application and the plans filed with the Court on 8 November 2018, by plans and information provided to the Respondent on 11 July 2019, in accordance with the schedule of plans enclosed and annexed to the conditions at Annexure 'A'. (2) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the Applicant is to pay the Council's costs thrown away by reason of the leave granted in 2(a) in the agreed amount of $7,500.00 within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application DA-18-00561 lodged on 29 March 2018 as amended by order 2(a) above (Development Application) seeking development consent for the construction of approximately 670 metres of the East West Connector Road (sometimes referred to as the Ropes Connector Road) and approximately 850 metres of the Dunheved Links Road south, including construction of the South Creek Bridge located within the Blacktown local government area, comprising Stage 2 of the East West Connector Road development over Lot 102 in DP1249590 and Lot 3 in DP 1133301, is approved subject to the conditions set out in Annexure 'A' attached hereto. Catchwords: DEVELOPMENT APPEAL – integrated development – 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 Regional Environmental Plan No 20 – Hawkesbury-Nepean River Sydney Regional Environment Plan No 30 Texts Cited: New South Wales Government, Floodplain Development Manual: the management of flood liable land (2005) Category: Principal judgment Parties: St Marys Land Limited (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Farrell (Applicant) K Mortimer (Solicitor) (Respondent)