Celesteem Rouse Hill Development v Blacktown City Council [2020] NSWLEC 1137

Land and Environment Court New South Wales

Medium Neutral Citation: Celesteem Rouse Hill Development v Blacktown City Council [2020] NSWLEC 1137 Hearing dates: 17-19 February 2020; Conditions filed 17 March 2020 Date of orders: 24 March 2020 Decision date: 24 March 2020 Jurisdiction: Class 1 Before: Smithson C Decision: The orders of the Court are: (1) Leave is granted to amend the application. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendments pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (3) The appeal is upheld. (4) Development Application DA-18-01705, for demolition of existing structures, subdivision, and construction of attached dwellings, with associated works, is approved subject to the conditions in Annexure 'A'. (5) The exhibits are returned with the exception of Exhibits A, D and R. Catchwords: DEVELOPMENT APPLICATION ­– subdivision into 3 lots to reflect uses in different zones – further subdivision of residential land for attached dwellings on Torrens title lots – required road reserve width – impacts of roads, paths and temporary basin in RE1 (recreational) land – requirement for turning circles on incomplete roads – treatment of interface lots Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Water Management Act 2000 Cases Cited: Trinvass Pty Ltd v Council of the City of Sydney [2015] NSWLEC 151 Texts Cited: Blacktown City Council Growth Centres Precincts Development Control Plan 2018 Blacktown City Council Engineering Guide for Development Category: Principal judgment Parties: Celesteem Rouse Hill Development Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Galasso SC (Applicant) C Drury (Solicitor) (Respondent)