H.X Development Pty Ltd v Liverpool City Council

[2024] NSWLEC 1630

Land and Environment Court

New South Wales

Medium Neutral Citation:

H.X Development Pty Ltd v Liverpool City Council [2024] NSWLEC 1630

Hearing dates:

Conciliation conferences on 4 March, 8 April, 29 April, 13 May, 27 May, 11 June, 25 - 26 June and 9 July, and 2 August 2024

Date of orders:

9 October 2024

Decision date:

09 October 2024

Jurisdiction:

Class 1

Before:

Kullen AC

Decision:

The Court orders that:

(1) The appeal is upheld.

(2) Development consent is granted to Development Application DA-635/2021 as amended for Torrens title subdivision of the existing two lots into 44 residential lots including demolition of the existing structures, construction of dwelling houses, new roads, provisioning of services and construction of temporary on site detention/water sensitive urban design basins to facilitate the residential subdivision at 484-488 Bringelly Road, Austral 2179, legally known as Lots 6 and 7 DP 1203674, subject to the conditions at Annexure A.

Catchwords:

DEVELOPMENT APPEAL – conciliation conference – agreement between the parties – orders

Legislation Cited:

Biodiversity Conservation Act 2016, Pt 8

Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 4.46, 8.7, Sch 1, s 7

Land and Environment Court Act 1979, s 34

Roads Act 1993, s 138

Rural Fires Act 1997, s 100B

Threatened Species Conservation Act 1995

Environmental Planning and Assessment Regulation 2000, s 55

Environmental Planning and Assessment Regulation 2021, Sch 6, s 3

State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.6, 6.65, Ch 9, s 9.4 (repealed)

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy No 55 – Remediation of Land

State Environmental Planning Policy (Precincts – Western Parkland City) 2021, Appendix 4, ss 2.2, 2.3, 2.6, 2.7, 4.1, 4.1AB, 4.1AD, 4.1AF, 4.1B, 4.3, 4.4, 5.9, 5.10, 6.1, 6.2, 6.3

State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6

State Environmental Planning Policy (Sustainable Buildings) 2022, s 4.2

State Environmental Planning Policy (Sydney Region Growth Centres) 2006

State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 4, ss 2.119, 2.120

State Environmental Planning Policy Amendment (Water Catchments) 2022

Sydney Regional Environmental Plan No 20–Hawkesbury-Nepean River (No 2–1997)

Texts Cited:

Liverpool Community Participation Plan 2019

Liverpool Growth Centres Development Control Plan 2021

Category:

Principal judgment

Parties:

H.X Development Pty Ltd (Applicant)
Liverpool City Council (Respondent)

Representation:

Counsel:
M Sonter (Solicitor) (Applicant)
A Jucha (Respondent)

Solicitors:
Mills Oakley (Applicant)
Liverpool City Council (Respondent)

File Number(s):

2023/271031

Publication restriction:

Nil

Judgment

1. COMMISSIONER: This is an appeal pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) against the actual refusal of development application DA-635/2021 (the DA) for the proposed subdivision of 2 existing lots into 40 residential lots, demolition of existing structures, creation of new roads, provisioning of services and construction of temporary on site detention/water sensitive urban design (OSD) (WSUD) basins at 484-488 Bringelly Road, Austral (the site).

2. A s 34 conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties was convened by the Court on 4 March 2024. I presided over the conciliation conference, which commenced with an on-site view. One submission had been received in response to the notification of the DA expressing concern over adequate flood management of the proposed development, however the submitter did not attend the on-site view.

3. The s 34 conciliation conference was adjourned a number of times before a s 34 agreement was reached on 5 August 2024.

4. A signed s 34 agreement with Annexure A was filed with the Court on 6 August 2024, with amended plans (the amended DA) and additional documents as agreed between the parties being filed with the Court on 8 August 2024. The s 34 agreement is supported by an agreed statement of jurisdictional prerequisites.

5. The parties advise that the amended DA satisfactorily addresses the contentions raised by the Respondent in the Statement of Facts and Contentions (SOFAC), and that the main changes to the proposed development in the amended DA are as follows:

1. A revised subdivision layout to provide lots with a better interface with the street frontage, particularly in the southern portion of the site;

2. Amended building envelope plans to accommodate amendments to the lot design and to provide designs that better respond to street corners;

3. Provision of architectural plans for the dwelling houses;

4. Reconfiguration of the laneway design to be generally consistent with the Austral Indicative Layout Plan; and

5. Revision of the engineering plans to provide more details regarding cut and fill at the boundaries of the site.

6. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if the parties’ decision is a decision that the Court could have made in the proper exercise of its functions. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.

7. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act. This decision involved the Court upholding the appeal and granting development consent to the amended DA subject to conditions.

8. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties have identified and explained how the jurisdictional prerequisites of relevance have been satisfied in a jurisdictional note accompanying the s 34 agreement, and those requirements have been satisfied as follows:

Jurisdictional Prerequisites

Owner’s Consent

9. The parties advise that Owner’s consent has been given to the Respondent for the lodgement of the DA.

The Liverpool Community Participation Plan 2019 (Sch 1, Div 2, s 7(1) of the EPA Act)

10. Notice was given on 16 August 2021 as required under the provisions of the Liverpool Community Participation Plan 2019. One submission was received in response to that notification.

Conditions

11. The s 34 agreement includes the imposition of conditions which are imposed under s 4.17(1) of the EPA Act.

Rural Fires Act 1997

12. The parties advise that the site is not identified as Bushfire Prone Land and does not require a bushfire safety authority under s 100B of the Rural Fires Act 1997 from the NSW Rural Fire Services.

Roads Act 1993

13. The parties advise that the DA does not propose works in, on or over Bringelly Road (a classified road), and therefore is not integrated development pursuant to s 4.46(3) of the EPA Act. Concurrence for the proposed development is not required from Transport for NSW (TfNSW) pursuant to s 138 of the Roads Act 1993. However, a condition has been imposed in the DA which requires a s 138 approval under the Roads Act 1993 in relation to the proposed local road works.

Biodiversity Conservation Act 2016

14. The parties advise that the proposed development includes the clearing of all vegetation on the site. Vegetation on the site is mapped as being the subject of a Biodiversity Certification Order under Pt 8 of the Biodiversity Conservation Act 2016, (the BC Act) such that the prohibition on the clearing of native vegetation that exceeds the biodiversity offsets scheme threshold pursuant to s 2.6(2) of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (the Biodiversity SEPP) does not apply to the site.

15. On 11 December 2007, the Minister Assisting the Minister for Climate Change, Environment and Water (Environment) issued an Order to confer biodiversity certification on the land subject to the State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 (Growth Centres SEPP) until 30 June 2025 for the purposes of the Threatened Species Conservation Act 1995 (Threatened Species Act).

16. Part 7 of the Threatened Species Act sets out the effect of such bio-certification of the Growth Centres SEPP. On 24 August 2017, the Threatened Species Act was repealed, and its provisions were transferred to the BC Act.

17. Section 8.4(3) of the BC Act sets out the effect of biodiversity certification on development under Pt 4 of the EPA Act, being that an assessment of the likely impact on biodiversity of development on biodiversity certified land is not required.

18. As such, the removal of the significant vegetation as required to facilitate the proposed roads and bulk earthworks must be assessed by a Consent Authority without consideration of the likely impact on biodiversity.

19. The parties advise that the proposed development includes earthworks at the site boundary in proximity to a tree on the neighbouring property to the east. The Arboricultural Impact Assessment accompanying the amended DA confirms in the parties’ view that the proposed earthworks will not result in a significant threat to the health of the tree on the neighbouring property to the east.

Transfer of provisions in relation to State Environmental Planning Policies

20. The DA was lodged on 10 June 2021. A number of State Environmental Planning Policies (SEPPs) that applied to the proposed development have since been amended or repealed, with provisions transferred to new SEPPs. The parties have applied the relevant SEPPs to the assessment of the DA, as detailed at [21]-[36] below.

State Environmental Planning Policy (Biodiversity and Conservation) 2021

21. The parties advise that the DA was lodged under the provisions of the Sydney Regional Environmental Plan No 20–Hawkesbury-Nepean River (No 2–1997) (the Hawkesbury SEPP). On 1 March 2022, the Hawkesbury SEPP was repealed, and its provisions were transferred to the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (the Biodiversity SEPP).

22. On 21 November 2022 the State Environmental Planning Policy Amendment (Water Catchments) 2022 (Water Catchments SEPP) came into force and transferred the provisions in Chs 6-12 of the Biodiversity SEPP to other areas within the Water Catchments SEPP. Section 6.65 of the Biodiversity SEPP however provides that, where a DA was lodged but not finally determined before the commencement of the Water Catchments SEPP, the former provisions of the Biodiversity SEPP apply. Accordingly, the former provisions (i.e. prior to 21 November 2022) of the Biodiversity SEPP apply to the amended DA.

23. The site is mapped as being within the Hawkesbury-Nepean Catchment. Former Ch 9 of the Biodiversity SEPP establishes the framework and aims to protect the environment of the Hawkesbury-Nepean system. Pursuant to s 9.4 of the former Ch 9 of the Biodiversity SEPP, consideration is to be given to the strategies listed in the Action Plan of the Hawkesbury-Nepean Environmental Planning Strategy (Action Plan Strategy).

24. The parties advise that potential impacts of any significance, resulting from the amended DA, relate to water quality impacts. Through the use of on-site detention and water sensitive urban design, the parties consider that the scale of the development proposal is acceptable in terms of the Action Plan Strategy and the lessening of negative impacts on downstream riverine ecology. In satisfaction of these requirements, the Applicant has prepared and submitted the following documents and plans:

1. Concept Water Management Plan prepared by North Western Surveyors;

2. Overland Flow Study prepared by JCO Consultants;

3. Updated Waste Management Plan prepared Sydney Environmental; and

4. Amended Civil Engineering Plans.

State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004

25. The DA was lodged under the provisions of State Environmental Planning Policy (Building Sustainable Index: BASIX) 2004 (the BASIX SEPP). On 1 October 2023, the State Environmental Planning Policy (Sustainable Buildings) 2022 (Sustainable Buildings SEPP) came into force and repealed the BASIX SEPP. The DA is captured by the savings and transitional provisions set out in s 4.2(1) of the Sustainable Buildings SEPP and as such, remains subject to the provisions of the BASIX SEPP.

26. In compliance with the relevant requirements under the BASIX SEPP, the parties advise that the Applicant has provided BASIX Certificates prepared by Bianca Vu Nguyen for each dwelling in the proposed development:

Basix Certificate No	Lot No	Dated
1746248S_03	Lot 1	8 May 2024
1746607S_02	Lot 2	8 May 2024
1746677S	Lot 3	8 May 2024
1746828S	Lot 4	9 May 2024
1746878S	Lot 5	10 May 2024
1758381S	Lot 6	2 August 2024
1758385S	Lot 7	2 August 2024
1758389S	Lot 8	2 August 2024
1758396S	Lot 9	2 August 2024
1758400S	Lot 10	2 August 2024
1758402S	Lot 11	2 August 2024
1758405S	Lot 12	2 August 2024
1758408S	Lot 13	2 August 2024
1758410S	Lot 14	2 August 2024
1758411S	Lot 15	2 August 2024
1758418S	Lot 16	2 August 2024
1758421S	Lot 17	2 August 2024
1758423S	Lot 18	2 August 2024
1758426S	Lot 19	2 August 2024
1758425S	Lot 20	2 August 2024
1756585S	Lot 21	20 July 2024
1747044S	Lot 22	10 May 2024
1747060S_04	Lot 23	11 May 2024
1747076S	Lot 24	11 May 2024
1747086S	Lot 25	11 May 2024
1758283S	Lot 26	2 August 2024
1758286S	Lot 27	2 August 2024
1758366S	Lot 28	2 August 2024
1758284S	Lot 29	2 August 2024
1758287S	Lot 30	2 August 2024
1758288S	Lot 31	2 August 2024
1758298S	Lot 32	2 August 2024
1758355S	Lot 33	2 August 2024
1758285S	Lot 34	2 August 2024
1758302S	Lot 35	2 August 2024
1758318S	Lot 36	2 August 2024
1758331S	Lot 37	2 August 2024
1758346S	Lot 38	2 August 2024
1758338S	Lot 39	2 August 2024
1758281S	Lot 40	2 August 2024
1758280S	Lot 41	2 August 2024
1758279S	Lot 201	1 August 2024
1758278S	Lot 202	1 August 2024

State Environmental Planning Policy (Resilience and Hazards) 2021

27. The DA was lodged under the provisions of the State Environmental Planning Policy No 55 – Remediation of Land (SEPP 55). On 1 March 2022, SEPP 55 was repealed, and its provisions were transferred to State Environmental Planning Policy (Resilience and Hazards) 2021 (Resilience SEPP).

28. In relation to the provisions of the Resilience SEPP, s 4.6 requires that a consent authority must not grant consent to a development unless it has considered whether a site is contaminated, and if it is, that it is satisfied that the site is suitable (or will be suitable after undergoing remediation) for the proposed use.

29. The parties advise that in relation to the satisfaction of requirements of the Resilience SEPP, the Applicant provided the following documentation which confirms the appropriate remediation strategies and concludes that the site can be made suitable for the proposed development:

1. Contamination Advice for Council prepared by Sydney Environmental Group;

2. Stage 2 Detailed Site Investigation Report prepared by Sydney Environmental Group; and

3. Remedial Action Plan prepared by Sydney Environmental Group, confirming that the site can be made suitable for the proposed development.

30. The parties consider that the recommendations of these reports have been appropriately reflected within the Conditions of Consent.

State Environmental Planning Policy (Transport and Infrastructure) 2021

31. The DA was originally lodged under the provisions of the State Environmental Planning Policy (Infrastructure) 2007 (the Infrastructure SEPP 2007). On 1 March 2022, the Infrastructure SEPP was repealed, and its provisions were transferred to Ch 4 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (the Infrastructure SEPP).

32. The proposed development has frontage to a classified road, being Bringelly Road. Sections 2.119 and 2.120 of the Infrastructure SEPP do not apply to the amended DA because the proposed development does not provide vehicular access from or to Bringelly Road (instead providing all vehicular access from Crop Avenue). The Applicant has provided a Traffic Impact Statement prepared by Positive Traffic to assist in assessing the amended DA.

33. The parties advise that the matters set out at s 2.119(2) of the Infrastructure SEPP are met, as:

1. The safety, efficiency and ongoing operation of Bringelly Road will not be adversely affected by the development as a result of:

1. The design of the vehicular access to the land as the development provides vehicular access from Crop Avenue;

2. The emission of smoke or dust from the development are not likely impacts associated with a proposed development and will be suitably managed during the construction phase; and

3. The nature, volume or frequency of vehicles using the classified road to gain access to the land will not be excessive and the development provides vehicular access from another street.

34. As Bringelly Road has an annual average traffic volume of more than 20,000 vehicles, s 2.120 of the Infrastructure SEPP relating to the impact of road noise or vibration on non-road development applies. The parties advise that the proposed development has been assessed in accordance with s 2.120 of the Infrastructure SEPP and the noise requirements are met subject to the implementation of the recommendations of the Road Traffic Noise Assessment prepared by DK Acoustics, which have been included in the proposed conditions of consent.

State Environmental Planning Policy (Sydney Region Growth Centres) 2006

35. The State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (Growth Centres SEPP) was in force at the time the DA was lodged. The Growth Centres SEPP was repealed on 19 November 2021, by the State Environmental Planning Policy (Precincts - Western Parkland City) 2021 (WPC SEPP) which transferred the provisions of the Growth Centres SEPP that applied to the site into the WPC SEPP (which commenced on 2 December 2021).

State Environmental Planning Policy (Precincts – Western Parkland City) 2021

36. The WPC SEPP is the relevant environmental planning instrument that applies to the site. In particular, Appendix 4 (Liverpool Growth Centres Precinct Plan) (the Precinct Plan) of the WPC SEPP applies to the site:

1. the site is zoned R3 – Medium Density Residential under s 2.2 of the Precinct Plan;

2. Section 2.3(2) of the Precinct Plan requires the consent authority to have regard to the objectives for development in a zone when determining a development application in respect of land within the zone. The parties advise that the proposed development is consistent with the objectives of the R3 Zone;

3. I am satisfied that the proposed development is consistent with the objectives for development within the zone in which the development is proposed to be carried out;

4. Subdivision is permissible with consent under s 2.6 of the Precinct Plan;

5. Pursuant to s 2.7 of the Precinct Plan, the demolition of a building or work may only be carried out with development consent. The parties advise that the following documents have been prepared detailing the process of demolition and management of operational waste materials:

1. Demolition Statement prepared by North Western Surveys;

2. Demolition Plan prepared by North Western Surveys; and

3. Amended Waste Management Plan prepared by North Western Surveys;

6. In relation to minimum lot size and residential density on the site under the Precinct Plan, the parties advise that:

1. Under s 4.1 of the Precinct Plan (Minimum Lot Size), the site is not subject to a minimum lot size requirement pursuant to Lot Size Map LSZ_007;

1. Under s 4.1AB of the Precinct Plan (Minimum lot sizes for residential development in Zone R2 Low Density Residential and Zone R3 Medium Density Residential), the site has a minimum dwelling density of 25 dwellings per hectare pursuant to Residential Density Map RDN_007. Pursuant to s 4.1AB(3)(b), the minimum lot size for a dwelling house on the site is 300m²;

2. Seven of the 44 proposed lots (Lots 26, 28, 29, 33, 34, 38 and 42) have a site area greater than 300m². Development Consent is also sought for the construction of dwellings on these lots as shown in the Architectural Plans provided. The parties consider that these proposed lots comply with the objectives of s 4.1AB of the Precinct Plan and can be considered an efficient use of the site. The section does not apply to the remainder of the lots (as they are under 300m²). Accordingly, development consent for the subdivision of these lots is sought under other sections;

3. Section 4.1AD of the Precinct Plan (Exceptions to minimum lot sizes for dwelling houses) applies where development consent is sought for the subdivision of land into 2 or more lots, and the erection of the dwelling house on one of the lots. Pursuant to s 4.1AD(1)(c) of the Precinct Plan, development consent is sought for subdivision of residential lots with an area of less than 300m², but not less than 225m²;

4. The amended DA seeks consent for the subdivision of 31 lots that are less than 300m², but not less than 225m². Lots 6 – 25, 27, 30 – 32, 35 – 37, 39 – 41 and 201 – 202 have a site area of less than 300m² (but more than 225m²) and are therefore compliant under this section;

5. Pursuant to s 4.1AD(2)(b)(ii) of the Precinct Plan, subdivision of these lots is sought as part of a single development application and includes the erection of dwelling houses on the lot;

6. Section 4.1AF of the Precinct Plan (Exceptions to minimum lot sizes for dwelling houses on small lots) applies where development consent is sought for the subdivision of land into 2 or more lots that are less than 225m², but not less than 125m² and where the erection of the dwelling house is proposed on the lots. The amended DA proposes the subdivision of 13 lots with an area of less than 225m², but not less than 125m². Pursuant to s 4.1AF(2) the amended DA seeks consent for the construction of dwellings on these lots;

7. Under s 4.1B (Residential Density) of the Precinct Plan pursuant to Residential Density Map RDN_007, the minimum density requirement for the site is 25 dwellings per hectare. The net developable area of the site is 1.74 hectares and the proposal is for 44 lots, equating to 25.2 dwellings per hectare.

7. Pursuant to s 4.3 of the Precinct Plan, the maximum building height on the site is 12 metres. The parties advise that all of the proposed dwellings are constructed generally to a height of 8.5m and do not exceed 12m;

8. Section 4.4 of the Precinct Plan relates to Floor Space Ratio (FSR). The site is not identified as being subject to a maximum floor space ratio under the Precinct Plan;

9. Section 5.9 of the Precinct Plan (Preservation of trees or vegetation) relates to the clearing of vegetation. The amended DA seeks consent for the removal of all trees on the site. The parties advise that the clearing of trees on the site is required as their viability is affected by the proposed civil works. An Arboricultural Impact Assessment has been prepared by Creative Planning Solutions confirming that trees on the neighbouring allotment will not be negatively impacted with mitigation measures. The trees on the site are all biodiversity certified (as outlined above at [14]-[19]);

10. Section 5.10 of the Precinct Plan relates to Heritage. The site is adjacent to Heritage Item No 17, Bringelly Road – cultural landscape. A Heritage Impact Statement prepared by Edwards Heritage Consultant in support of the DA confirms that the proposed development is considered to have a very minor and entirely acceptable heritage impact on the Bringelly Road Heritage Item. The parties advise that pursuant to s 5.10(4) of the Precinct Plan the Court can be satisfied that the proposed development will not result in any significant adverse impact on the heritage item;

11. Section 6.1 (Public Utility Infrastructure) of the Precinct Plan applies to the site. The parties advise that water, sewer, and electricity services will be available at the site when required; and

12. Pursuant to s 6.2 (Development Controls – native vegetation retention areas) and s 6.3 (Development Controls – existing native vegetation) of the Precinct Plan, the site is not mapped within an existing native vegetation area on Native Vegetation Protection Map NVP_007.

Environmental Planning and Assessment Regulation 2000

37. The parties advise that the DA was lodged on 10 June 2021 under the provisions of the Environmental Planning and Assessment Regulation 2000 (EPA Regulation 2000). Pursuant to Sch 6, s 3 of the Environmental Planning and Assessment Regulation 2021 (EPA Regulation 2021), the former repealed EPA Regulation 2000 continues to apply to the DA.

Liverpool Growth Centres Development Control Plan 2021

38. The parties advise that the development can be approved as the amended DA has met the requirements of the Liverpool Growth Centres Development Control Plan 2021 (the DCP).

Conclusion

39. Having considered the advice of the parties provided above at [9]-[38], I am satisfied that:

1. the Applicant’s amended DA can be approved having regard to the matters in s 4.15(1)(b) – (e) of the EPA Act;

2. the jurisdictional prerequisites on which I must be satisfied before I can exercise the power under s 4.16 of the EPA Act have been satisfied; and

3. approval of the proposed development is in the public interest.

40. Further, I am satisfied that the parties’ decision is one that the Court could have made in the proper exercise of its functions, as required by s 34(3) of the LEC Act.

41. As the parties’ decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

42. In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.

43. The Court notes that:

1. Liverpool City Council, as the relevant consent authority, pursuant to cl 55(1) of the Environmental Planning and Assessment Regulation 2000, has approved the application for an amendment to development application DA-635/2021 made on 5 August 2024 to rely on the documents specified below:

Drawing No	Drawing Title	Date	Prepared By
Architectural Plans
A1	Lot 1-5 overall site - site plan & street scape elevations	10.05.2024	H.X Development Pty Ltd
A2	Lot 1-5 overall site - floor plans	10.05.2024	H.X Development Pty Ltd
A3	Lot 1-5 overall site - 3d views	10.05.2024	H.X Development Pty Ltd
A4	Lot 1-5 overall site - solar diagrams winter solstice 21 June 9am	10.05.2024	H.X Development Pty Ltd
A5	Lot 1-5 overall site – solar diagrams winter solstice 21 June 12pm	10.05.2024	H.X Development Pty Ltd
A6	Lot 1-5 overall site - solar diagrams winter solstice 21 June 3pm	10.05.2024	H.X Development Pty Ltd
A7	Lot 1-5 overall site - landscape plan	10.05.2024	H.X Development Pty Ltd
A2.1	Lots 6-20 Overall Site	-	Transpire Constructions
A2.2	Lot 6-20 Floor Plans	-	Transpire Constructions
A2.3	Lot 6-20 Perspective	-	Transpire Constructions
A2.4	Lot 6-20 Landscape Plan	-	Transpire Constructions
A2.5	Lot 6-20 Soft Landscaping Areas	-	Transpire Constructions
A2.6	Lot 6-20 Shadow Diagrams 9-11am	-	Transpire Constructions
A2.7	Lot 6-20 Shadow Diagram 12-2pm	-	Transpire Constructions
A2.8	Lot 6-20 Shadow diagram 3pm	-	Transpire Constructions
A1.1	Lot 6 – Site	-	Transpire Constructions
A1.2	Lot 6 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 6 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 6 – Elevations	-	Transpire Constructions
A1.5	Lot 6 – Elevations	-	Transpire Constructions
A1.6	Lot 6 – Section	-	Transpire Constructions
A1.7	Lot 6 – Colours	-	Transpire Constructions
A1.1	Lot 7, 13 & 19 – Site	-	Transpire Constructions
A1.2	Lot 7, 13 & 19 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 7, 13 & 19 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 7, 13 & 19– Elevations	-	Transpire Constructions
A1.5	Lot 7, 13 & 19– Section	-	Transpire Constructions
A1.6	Lot 7 – Colours	-	Transpire Constructions
A1.7	Lot 13 – Colours	-	Transpire Constructions
A1.8	Lot 19 – Colours	-	Transpire Constructions
A1.1	Lot 8, 14 & 20 – Site	-	Transpire Constructions
A1.2	Lot 8, 14 & 20– Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 8, 14 & 20– Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 8, 14 & 20– Elevations	-	Transpire Constructions
A1.5	Lot 8, 14 & 20– Section	-	Transpire Constructions
A1.6	Lot 8 – Colours	-	Transpire Constructions
A1.7	Lot 14 – Colours	-	Transpire Constructions
A1.8	Lot 20 – Colours	-	Transpire Constructions
A1.1	Lot 9 & 15 – Site	-	Transpire Constructions
A1.2	Lot 9 & 15 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 9 & 15 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 9 & 15 – Elevations	-	Transpire Constructions
A1.5	Lot 9 & 15 – Section	-	Transpire Constructions
A1.6	Lot 9 – Colours	-	Transpire Constructions
A1.7	Lot 15 – Colours	-	Transpire Constructions
A1.1	Lot 10 & 16 – Site	-	Transpire Constructions
A1.2	Lot 10 & 16 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 10 & 16 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 10 & 16 – Elevations	-	Transpire Constructions
A1.5	Lot 10 & 16 – Section	-	Transpire Constructions
A1.6	Lot 10 – Colours	-	Transpire Constructions
A1.7	Lot 16 – Colours	-	Transpire Constructions
A1.1	Lot 11 & 17 – Site	-	Transpire Constructions
A1.2	Lot 11 & 17 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 11 & 17 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 11 & 17 – Elevations	-	Transpire Constructions
A1.5	Lot 11 & 17 – Section	-	Transpire Constructions
A1.6	Lot 11 – Colours	-	Transpire Constructions
A1.7	Lot 17 – Colours	-	Transpire Constructions
A1.1	Lot 12 & 18 – Site	-	Transpire Constructions
A1.2	Lot 12 & 18 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 12 & 18 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 12 & 18 – Elevations	-	Transpire Constructions
A1.5	Lot 12 & 18 – Section	-	Transpire Constructions
A1.6	Lot 12 – Colours	-	Transpire Constructions
A1.7	Lot 18 – Colours	-	Transpire Constructions
A21.1	Lot 21 – Site plan	18/07/2024	H.X Development Pty Ltd
A21.2	Lot 21 – Floor plans	18/07/2024	H.X Development Pty Ltd
A21.3	Lot 21 – External Elevations	18/07/2024	H.X Development Pty Ltd
A21.4	Lot 21 – Site plan and Street View Elevations	18/07/2024	H.X Development Pty Ltd
A21.5	Lot 21 – Sections	18/07/2024	H.X Development Pty Ltd
A21.6	Lot 21 – Materials & Finishes Schedule	18/07/2024	H.X Development Pty Ltd
A21.7	Lot 21 – Waste Bin Location Plan	18/07/2024	H.X Development Pty Ltd
A21.8	Lot 21 – Landscape Plan	18/07/2024	H.X Development Pty Ltd
A21.9	Lot 21 – Solar Diagrams Winter Solstice 21 June	18/07/2024	H.X Development Pty Ltd
A21.10	Lot 21 – Solar Diagrams Winter Solstice 21 June	18/07/2024	H.X Development Pty Ltd
A21.11	Lot 21 – 3D Views	18/07/2024	H.X Development Pty Ltd
B1	lot 22-25 overall site - site plan & street scape elevations	10.05.2024	H.X Development Pty Ltd
B2	lot 22-25 overall site - floor plans	10.05.2024	H.X Development Pty Ltd
B3	lot 22-25 overall site - 3d views	10.05.2024	H.X Development Pty Ltd
B4	lot 22-25 overall site - solar diagrams winter solstice 21 June 9am	10.05.2024	H.X Development Pty Ltd
B5	lot 22-25 overall site – solar diagrams winter solstice 21 June 12pm	10.05.2024	H.X Development Pty Ltd
B6	lot 22-25 overall site - solar diagrams winter solstice 21 June 3pm	10.05.2024	H.X Development Pty Ltd
B7	lot 22-25 overall site - landscape plan	10.05.2024	H.X Development Pty Ltd
A2.1	Lots 26-39 - Overall Site	-	Transpire Constructions
A2.2	Lots 26-39 – Ground Floor Plans	-	Transpire Constructions
A2.3	Lots 26-39 – Upper Floor Plans	-	Transpire Constructions
A2.4	Lots 26-39 – Perspective	-	Transpire Constructions
A2.5	Lots 26-39 – Landscape Plan	-	Transpire Constructions
A2.6	Lots 26-39 – Soft Landscaping Plan	-	Transpire Constructions
A2.7	Lots 26-39 – Shadow Diagrams 9-11am	-	Transpire Constructions
A2.8	Lots 26-39 – Shadow Diagrams 12-2pm	-	Transpire Constructions
A2.9	Lots 26-39 – Shadow Diagrams 3pm	-	Transpire Constructions
A2.1	Lots 40-202 - Overall Site	-	Transpire Constructions
A2.2	Lots 40-202 – Ground Floor Plans	-	Transpire Constructions
A2.3	Lots 40-202 – Upper Floor Plans	-	Transpire Constructions
A2.4	Lots 40-202 – Perspective	-	Transpire Constructions
A2.5	Lots 40-202 – Landscape Plan	-	Transpire Constructions
A2.6	Lots 40-202 – Soft Landscaping Plan	-	Transpire Constructions
A2.7	Lots 40-202 – Shadow Diagrams 9-11am	-	Transpire Constructions
A2.8	Lots 40-202 – Shadow Diagrams 12-2pm	-	Transpire Constructions
A2.9	Lots 40-202 – Shadow Diagrams 3pm	-	Transpire Constructions
A1.1	Lot 40 – Site	-	Transpire Constructions
A1.2	Lot 40 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 40 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 40 – Elevations	-	Transpire Constructions
A1.5	Lot 40 – Section	-	Transpire Constructions
A1.6	Lot 40 – Colours	-	Transpire Constructions
A1.1	Lot 41 – Site	-	Transpire Constructions
A1.2	Lot 41 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 41 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 41 – Elevations	-	Transpire Constructions
A1.5	Lot 41 – Section	-	Transpire Constructions
A1.6	Lot 41 – Colours	-	Transpire Constructions
A1.1	Lot 201 – Site	-	Transpire Constructions
A1.2	Lot 201 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 201 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 201 – Elevations	-	Transpire Constructions
A1.5	Lot 201 – Section	-	Transpire Constructions
A1.6	Lot 201 – Colours	-	Transpire Constructions
A1.1	Lot 202 – Site	-	Transpire Constructions
A1.2	Lot 202 – Floor Plan GFL	-	Transpire Constructions
A1.3	Lot 202 – Floor Plan UFL	-	Transpire Constructions
A1.4	Lot 202 – Elevations	-	Transpire Constructions
Subdivision plans
01	Topographic Survey	19.02.2024	North Western Surveys
Building Envelope plans
A1.1	Cover Sheet	11.06.2024	Transpire Constructions
A1.2	Overall Architectural Dwelling Footprint & Building Envelope Plan	11.06.2024	Transpire Constructions
A1.3	Lots 1-5	11.06.2024	Transpire Constructions
A1.4	Lots 6 - 13	11.06.2024	Transpire Constructions
A1.5	Lots 14 – 21	11.06.2024	Transpire Constructions
A1.6	Lots 22 - 28	11.06.2024	Transpire Constructions
A1.7	Lots 29 - 33	11.06.2024	Transpire Constructions
A1.8	Lots 34- 38	11.06.2024	Transpire Constructions
A1.9	Lots 39 – 42 inc 201 & 202	11.06.2024	Transpire Constructions
Engineering Plans
001	Face Sheet	08.03.2024	North Western Surveys
002	Construction Notes	25.05.2021	North Western Surveys
101	Sediment and Erosion Control Plan	19.02.2024	North Western Surveys
102	Sediment and Erosion Control Notes	25.05.2021	North Western Surveys
103	Tree Removal Plan	08.03.2024	North Western Surveys
201	Services plan	19.02.2024	North Western Surveys
301	Cut Fill Depth Plan	08.03.2024	North Western Surveys
302	Cut Fill Sections	08.03.2024	North Western Surveys
401	Proposed Civil Works	08.03.2024	North Western Surveys
501	Typical Road Cross Sections & Details	28.07.2022	North Western Surveys
502	Longitudinal Sections Road 1 & 2 and Crop Avenue	28.07.2022	North Western Surveys
503	Longitudinal Sections Laneway 1 & 2	28.07.2022	North Western Surveys
701	Overall Interim Plan	25.05.2021	North Western Surveys
702	Overall Interim Split Plan	25.05.2021	North Western Surveys
703	Ultimate Catchment Plan	25.05.2021	North Western Surveys
704	Internal Catchment Plan	19.02.2024	North Western Surveys
705	Basin Catchment Plan	25.05.2021	North Western Surveys
706	Basin Typical Details	28.07.2022	North Western Surveys
707	Stormwater Management Details Sheet 1 of 2	24.06.2022	North Western Surveys
708	Stormwater Management Details Sheet 2 of 2	24.06.2022	North Western Surveys
801	Retaining Walls Plan and Sections	08.03.2024	North Western Surveys
901	Landscaping Plan	19.02.2024	North Western Surveys
Document			Date
Amended Statement of Environmental Effects prepared by GLN Planning dated 28 February 2024
Abutting Dwelling Memorandum prepared by GLN Planning dated 7 March 2024
Solar Access Compliance table prepared by Transpire Constructions
Arboricultural Impact Assessment prepared by CPS dated 9 May 2024
Basix Certificates, Stamped Plans and NatHERS Certificate prepared by Bianca Vu Nguyen

Basix Certificate No	Lot No	Dated
1746248S_03	Lot 1	8 May 2024
1746607S_02	Lot 2	8 May 2024
1746677S	Lot 3	8 May 2024
1746828S	Lot 4	9 May 2024
1746878S	Lot 5	10 May 2024
1758381S	Lot 6	2 August 2024
1758385S	Lot 7	2 August 2024
1758389S	Lot 8	2 August 2024
1758396S	Lot 9	2 August 2024
1758400S	Lot 10	2 August 2024
1758402S	Lot 11	2 August 2024
1758405S	Lot 12	2 August 2024
1758408S	Lot 13	2 August 2024
1758410S	Lot 14	2 August 2024
1758411S	Lot 15	2 August 2024
1758418S	Lot 16	2 August 2024
1758421S	Lot 17	2 August 2024
1758423S	Lot 18	2 August 2024
1758426S	Lot 19	2 August 2024
1758425S	Lot 20	2 August 2024
1756585S	Lot 21	20 July 2024
1747044S	Lot 22	10 May 2024
1747060S_04	Lot 23	11 May 2024
1747076S	Lot 24	11 May 2024
1747086S	Lot 25	11 May 2024
1758283S	Lot 26	2 August 2024
1758286S	Lot 27	2 August 2024
1758366S	Lot 28	2 August 2024
1758284S	Lot 29	2 August 2024
1758287S	Lot 30	2 August 2024
1758288S	Lot 31	2 August 2024
1758298S	Lot 32	2 August 2024
1758355S	Lot 33	2 August 2024
1758285S	Lot 34	2 August 2024
1758302S	Lot 35	2 August 2024
1758318S	Lot 36	2 August 2024
1758331S	Lot 37	2 August 2024
1758346S	Lot 38	2 August 2024
1758338S	Lot 39	2 August 2024
1758281S	Lot 40	2 August 2024
1758280S	Lot 41	2 August 2024
1758279S	Lot 201	1 August 2024
1758278S	Lot 202	1 August 2024

2. The amended DA includes the construction of dwelling houses.

44. The Court orders:

1. The appeal is upheld.

2. Development consent is granted to Development Application DA-635/2021 as amended for Torrens title subdivision of the existing two lots into 44 residential lots including demolition of the existing structures, construction of dwelling houses, new roads, provisioning of services and construction of temporary on site detention/water sensitive urban design basins to facilitate the residential subdivision at 484-488 Bringelly Road, Austral 2179, legally known as Lots 6 and 7 DP 1203674, subject to the conditions at Annexure A.

G Kullen

Acting Commissioner of the Court

Annexure A

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Decision last updated: 09 October 2024