NSWSPV 23 Pty Ltd v Blacktown City Council

[2023] NSWLEC 1531

Land and Environment Court

New South Wales

Medium Neutral Citation:

NSWSPV 23 Pty Ltd v Blacktown City Council [2023] NSWLEC 1531

Hearing dates:

Conciliation conference on 6 July and 3 August 2023

Date of orders:

14 September 2023

Decision date:

14 September 2023

Jurisdiction:

Class 1

Before:

Washington AC

Decision:

The Court orders:

(1) The Appeal is upheld.

(2) Development Application DA 21-00753 (as amended) for the Torrens Title subdivision of 1 lot into 14 lots including, associated site earth and drainage works and retaining walls and the planting of street trees at 175 Tallawong Road, Rouse Hill is determined by the grant of consent subject to the conditions set out in Annexure A to this agreement.

Catchwords:

DEVELOPMENT APPLICATION – conciliation conference – Torrens title subdivision – agreement between the parties – orders

Legislation Cited:

Environmental Planning and Assessment Act 1979, ss 4.16, 8.7

Land and Environment Court Act 1979, s 34

State Environmental Planning Policy (Resilience and Hazards) s 4.6

Biodiversity Conservation Act 2016

State Environmental Planning Policy (Precincts - Central River City) 2021 s 3.9, Appendix 12 s 18A

State Environmental Planning Policy (Biodiversity and Conservation) 2021 ss 9.4, 9.5

State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 12 cll 2.6, 4.1AA, 6.1

Category:

Principal judgment

Parties:

NSWSPV 23 Pty Ltd (Applicant)
Blacktown City Council (Respondent)

Representation:

Counsel:
C Gough (Solicitor)(Applicant)
L Raffaele (Solicitor)(Respondent)

Solicitors:
Storey & Gough (Applicant)
Bartier Perry (Respondent)

File Number(s):

2023/111751

Publication restriction:

No

Judgment

1. COMMISSIONER: These Class 1 proceedings have been brought to Court pursuant to s 8.7 of the Environmental Planning and Assessment Act1979 (EPA Act), and arise as a result of the actual refusal of development application No DA 21-00753. This development application seeks consent for a 14 lot Torrens title subdivision with associated site, earth and drainage works, construction of retaining walls and the planting of street trees at 175 Tallawong Road, Rouse Hill, legally known as Lot 450 DP 1271601.

2. The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 6 July and 3 August 2023. I presided over the conciliation conference.

3. After the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions.

4. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if this decision is one that the Court could have made in the proper exercise of its functions. The parties’ decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings and explained how they have been…