Statewide Planning Pty Ltd v Penrith City Council

Case •

[2023] NSWLEC 1262

•

23 May 2023

No judgment structure available for this case.

Land and Environment Court


New South Wales

Medium Neutral Citation: Statewide Planning Pty Ltd v Penrith City Council [2023] NSWLEC 1262
Hearing dates: Conciliation conference on 23 May 2023
Date of orders: 23 May 2023
Decision date: 23 May 2023
Jurisdiction:Class 1
Before: Dixon SC
Decision:

The Court orders:

(1) The applicant is to pay the respondent’s costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979.

(2) The appeal is upheld.

(3) Development application no. DA21/0369 for Torrens title subdivision to create 134 x residential lots, public roads, a recreation area, and associated tree removal, drainage, landscape embellishment works and dedication of land at 731-755 Great Western Highway, Werrington is determined by a grant of consent subject to conditions contained in Annexure ‘A’.

Catchwords:

APPEAL – development application – conciliation conference – agreement between the parties – orders

Legislation Cited:

Biodiversity Conservation Act 2016

Biodiversity Conservation Regulation 2017

Environmental Planning and Assessment Act 1979, ss 4.16, 4.46, 4.47, Pt 4 Div 4.8

Environmental Planning and Assessment Regulation 2000, cl 55

Interpretation Act 1987, s 30A

Land and Environment Court Act 1979, s 34

Penrith Local Environmental Plan 2010, cll 2.1, 2.3, 2.6, 4.1, 5.10, 7.1, 7.4, 7.6, 7.7, 7.8, 7.30

Roads Act 1993, ss 87, 138

Rural Fires Act 1997, s 100B

State Environmental Planning Policy (Biodiversity and Conservation) 2021, ss 2.10, 6.65, 9.4, 9.5; Chs 2, 9

State Environmental Planning Policy (Infrastructure) 2007 (Repealed)

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

State Environmental Planning Policy (Transport and Infrastructure) 2021, Ch 2, ss 2.119, 2.122; Sch 3

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (repealed)

State Environmental Planning Policy Amendment (Water Catchments) 2022

State Environmental Planning Policy No 55 – Remediation of Land (repealed)

Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) (repealed)

Water Management Act 2000, s 91

Texts Cited:

NSW Department of Urban Affairs and Planning, Hawkesbury-Nepean: Action Plan of the Hawkesbury-Nepean Environmental Planning Strategy (1997)

Category:Principal judgment
Parties: Statewide Planning Pty Ltd (Applicant)
Penrith City Council (Respondent)
Representation:

Counsel:
M Staunton (Applicant)
T To (Respondent)

Solicitors:
Mills Oakley (Applicant)
HWL Ebsworth Lawyers (Respondent)
File Number(s): 2022/183322
Publication restriction: Nil

Judgment

  1. These proceedings arise following the Penrith City Council’s deemed refusal of the applicant’s development application (DA21/0369) for the subdivision of land at 731-755 Great Western Highway, Werrington NSW 2747, legally identified as Lots 125, 126, 127 and 129 in DP 121519 (site).

  2. Following amendment, the application now comprises:

  1. Torrens Titles Subdivision to create 134 residential lots, 1 riparian corridor lot, 1 recreational area lot and a residue lot;

  2. public roads;

  3. associated tree removal;

  4. drainage;

  5. landscape embellishment works; and

  6. dedication of land.

  1. On 23 May 2023, the Court arranged a conciliation conference between the parties under s 34(1) of the Land and Environment Court Act 1979 (LEC Act). I presided over the conciliation conference.

  2. During the conciliation the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to them. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ decision if it is one that the Court could have made in the proper exercise of its functions. In this case the parties’ decision involves the Court exercising the functions under s 4.16 of the Environmental Planning and Assessment Act 1979 (EPA Act) to grant consent to the development application subject to conditions.

  3. There are jurisdictional preconditions that must be satisfied before this function can be exercised and these matters were identified in the parties’ written submission accompanying the s34 agreement. In that regard, I am satisfied about the following matters:

Integrated development

  1. The development is integrated development under Div 4.8 of Pt 4 of the EPA Act as it requires a controlled activity approval under s 91 of the Water Management Act 2000 (WMA) and a bushfire safety authority under s 100B of the Rural Fires Act 1997 (RFA).

  2. The DA Form (Class 1 Application Tab 1) also nominated the development as being integrated development because it requires an approval under s 138 of the Roads Act 1993. This is because the development includes connections to public roads including the Great Western Highway which includes road works at the intersection with French Street to create a left turn slip lane. The Great Western Highway is a classified road.

  3. While I accept that the proposed road works require an approval under s 138 of the Roads Act they are not integrated works because Council is the consent authority for the development application and the Roads Authority for the Great Western Highway (s 4.46(3) of the EPA Act).

  4. Therefore, Council has the power to issue the Approval under the Roads Act 1993 but requires the concurrence of Transport for NSW (TfNSW) under s 138(2) of the Roads Act because the Great Western Highway is a classified road. TfNSW has indicated that such concurrence will be granted and will provide conditions.

WMA

  1. A mapped watercourse (second order stream) runs through the Land (‘Settlers Creek’). As the development will occur within 40m of Settler’s Creek it is being carried out on waterfront land within the meaning of the WMA. Therefore, the development requires a ‘controlled activity’ approval under s 91 of the WMA. The relevant Approval Authority is the Natural Resources Access Regulator (NRAR).

  2. By letter dated 20 July 2021, NRAR issued General Terms of Approval under the WMA in respect of the development (Council’s Bundle Tab 23).

  3. The first amendment of the development application was referred to NRAR and by letter dated 31 March 2022, NRAR confirmed that the GTAs issued on 20 July 2021 remained applicable to the development (Council’s Bundle Tab 24).

  4. The GTAs issued by NRAR have been included in the conditions annexed to the s34 agreement so that the consent to the development application will be consistent with the GTAs issued by NRAR (s 4.47(3) of the EPA Act).

RFA

  1. The site is identified as bush fire prone land, requiring a s 100B Bushfire Safety Authority from the NSW Rural Fire Service (RFS) pursuant to the RFA.

  2. By letter dated 6 August 2021, the RFS issued General Terms of Approval and a Bushfire Safety Certificate in respect of the development.

  3. The RFS GTAs are included in the conditions annexed to the s34 agreement so that the consent to the development application will be consistent with the GTAs issued by RFS (s 4.47(3) of the EPA Act).

Other referrals

  1. The development application was referred to TfNSW under s 2.122 of State Environmental Planning Policy (Transport and Infrastructure) 2021 and for concurrence under ss 87 and 138 of the Roads Act.

  2. By letter dated 27 April 2023 TfNSW provided comments and confirmed that it would grant concurrence subject to conditions set out in their letter. The matters the subject of the conditions set out in the letter from TfNSW have been included in the proposed conditions of consent (condition 2).

Transferred provisions

  1. During the course of the assessment of the development application and these proceedings a number of State Environmental Planning Policies (SEPPs) that applied to the development were repealed and their provisions were transferred into new consolidated SEPPs with the majority not containing a savings provision.

  2. Although s 30A of the Interpretation Act 1987 does not apply to Environmental Planning Instruments each of the consolidated SEPPs contained clauses (s 1.4) that provide:

“section 30A is taken to apply to the provisions transferred to this Policy on the commencement of this Policy in the same way as it applies to provisions transferred from a statutory rule to another statutory rule”.

  1. Pursuant to s 30A(2) of the Interpretation Act, where provisions are transferred, the “transfer does not affect the operation (if any) or meaning of the provision, and accordingly the provision is to be construed as if it had not been so transferred.” The new / old SEPPs where applicable have been dealt with below, noting the relevant provisions that apply in the assessment of the amended development application.

Biodiversity Conservation Act 2016 (BC Act) and Biodiversity Conservation Regulation 2017 (BC Regulation)

  1. A Flora and Fauna Assessment Report prepared by ecoplanning dated 8 February 2021 is at Tab 4 of the Class 1 Application (FFAR).

  2. The FFAR confirms that the development does not trigger the requirement for a BDAR under the BC Act and BC Regulation because:

  1. The site is no longer identified on the Biodiversity Values Map;

  2. The amount of native vegetation to be cleared does not meet the clearing threshold;

  3. The development is not likely to significantly affect any threatened biodiversity.

  1. Portions of the site were previously identified on the Biodiversity Values Map however the Minister determined to amend the Map and remove those previously identified areas from the Map. A copy of the Determination is at Tab 8 of the Class 1 Application.

  2. A Vegetation Management Plan (VMP) is included as part of the amended application, which provides measures for maintaining a riparian corridor and 2nd order watercourse which runs through the site (Tab 10 of Ex MS-1). Compliance with the VMP is incorporated in the conditions of the consent.

State Environmental Planning Policy (Transport and Infrastructure) 2021

  1. The development application was originally lodged under the provisions of the State Environmental Planning Policy (Infrastructure) 2007 (Infrastructure SEPP). On 1 March 2022, the Infrastructure SEPP was repealed, and its provisions were transferred to Ch 2 of the State Environmental Planning Policy (Transport and Infrastructure) 2021 (Transport and Infrastructure SEPP).

  2. The site has a southern frontage to the Great Western Highway, which is a classified road pursuant provisions of s 2.119 of the Transport and Infrastructure SEPP. Section 2.119 requires that a consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road, and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of—

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

  1. In satisfaction of the above matters:

  1. the primary vehicular access to the subject site is provided from nearby St Charbel Boulevarde, with no direct vehicular access from the Great Western Highway;

  2. the development application proposes the construction of a left turn slip lane and the widening of the right turn bay to the Great Western Highway to mitigate traffic efficiency impacts of any increased frequency of vehicles accessing the land. In their joint expert report, the parties’ traffic experts are agreed that this, along with other traffic mitigation measures proposed, are effective to resolve any traffic impacts on the Great Western Highway (see p 13 of Joint Traffic Report). In addition, the management of dust and particulates during the construction phase is incorporated into the applicant’s Environmental and Construction Management Plan (Tab 12 of Class 1 Application); and

  3. the development application proposes an acoustic fence along the Great Western Highway frontage to mitigate any anticipated traffic noise. In their joint report, the parties’ acoustic experts are agreed that an acoustic fence would be effective to ameliorate any potential traffic noise, subject to the uptake of certain specifications (pp 2-3 of Joint Acoustic Report).

  1. Section 2.122 provides that certain types of development ‘of a relevant size or capacity’ are to be identified as ‘traffic-generating development’, requiring the concurrence from TfNSW under Sch 3 of the Transport and Infrastructure SEPP.

  2. As the development application provides direct pedestrian access to a classified road (i.e. The Great Western Highway), and proposes subdivision to create more than 50 allotments, the development application is identified as ‘traffic-generating development’ for the purposes of s 2.122 and Sch 3, requiring referral to TfNSW.

  3. On 27 April 2023 TfNSW provided concurrence in relation to the amended development application in accordance with s 2.122 (Council’s Bundle Tab 22).

State Environmental Planning Policy (Resilience and Hazards) 2021

  1. The development application was lodged under the provisions of 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 and Hazards SEPP).

  2. Pursuant to s 4.6 of the Resilience and Hazards SEPP a consent authority must be satisfied that appropriate consideration has been given to whether the site is contaminated, the suitability of the site to the proposed development and whether satisfactory measures are put into place to remediate the land should it be required to do so.

  3. In relation to the satisfaction of requirements under the Resilience and Hazards SEPP, the applicant has prepared a detailed Site Investigation (Tab 7 of Class 1 Application), which concludes that the site is suitable for the proposed use (p 22).

State Environmental Planning Policy (Biodiversity and Conservation) 2021

  1. The development application was lodged under the provisions of the State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (SEPP Vegetation in Non-Rural Areas). On 1 March 2022, SEPP Vegetation in Non-Rural Areas was repealed, and its provisions were transferred to the Biodiversity SEPP.

  2. Chapter 2, s 2.10(3) of the Biodiversity SEPP relates to clearing vegetation in non-rural areas. The proposed development seeks to remove 2 trees on the site. The removal of these trees has been assessed by the Arboricultural Impact Assessment prepared by Urban Arbor dated 17 August 2021 (Tab 18 of the Class 1 Application) and Supplementary Assessment prepared by EcoLogical dated 27 February 2023 (Tab 12 of Ex MS-1).

  3. The report concludes that the removal of these trees is consistent with local planning objectives, having regard to the replacement planting as proposed in the landscaping strategy for the site. Conditions of consent have been imposed requiring the development to implement the landscaping as identified in the vegetation management plan (Tab 10 of Ex MS-1) in the landscape plans (Tab 4 of s34 agreement bundle).

  4. Having reviewed the documents comprising the development application, I am satisfied that the proposed development is consistent with Ch 2 of the Biodiversity SEPP.

  5. The development application was lodged under the provisions of the Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) (Hawkesbury-Nepean River SREP). On 1 March 2021, the Hawkesbury-Nepean SREP was repealed, and its provisions were transferred into the BC SEPP.

  6. 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 BC SEPP to other areas within that SEPP. Section 6.65 of the BC SEPP however provides that, where a development application was lodged but not finally determined before the commencement of the Water Catchments SEPP, the former provisions of the BC SEPP apply. Accordingly, the former provisions (i.e. prior to 21 November 2022) of the BC SEPP apply.

  7. The site is within the Hawksbury Nepean River catchment and is subject to the general planning considerations in s 9.4 of the BC SEPP. The parties are agreed that the proposed development application (as amended) is:

  1. consistent with the aim of Ch 9 and provides a considered approach to the potential impacts of future development on the site which is response to its regional context (s 9.4(a));

  2. consistent with the strategies listed in the Action Plan of the Hawkesbury-Nepean Environmental Planning Strategy (s 9.4(b), to the extent that they are relevant);

  3. the proposal is suitable for the site and there are no other reasonable suitable alternatives (s 9.4(c)); and

  4. appropriately manages environmental impacts (s 9.4(d)).

  1. Furthermore, that the existing planning controls and therefore the proposed development is consistent with the strategies outlined in s 9.5 of the BC SEPP where applicable.

Penrith Local Environmental Plan 2010 (PLEP 2010)

  1. Clause 2.1 (Land Use Zones) – Page 6 of the Statement of Environmental Effects (SEE) behind Tab 3 of the Bundle shows the location and boundary of Lots 125, 126 and 127. Page 7 shows the street numbering of the Lots. Page 9 shows an overlay of the zoning on the Lots which identifies that Lots 126 and 127 are zoned R3 – Medium Density with Lot 127 being zoned part R3 Medium Density and part B7 Business Park (now SP4 - Enterprise), divided by the Settlers Creek Riparian Corridor, zoned E2 (now C2) Environmental Conservation. The Great Western Highway is zoned SP2 Classified Road. Environmental Protection Works are being carried out in the C2 zone with the SP4 land set aside for future uses including a recreation area.

  2. The residential subdivision and internal roads are confined to the R3 zone with external road works being carried on existing R3 zoned roads or the SP2 zoned Great Western Highway. Environmental Protection Works are to be carried out on the C2 land. The development application indicates a future recreation area on the SP4 land.

  3. Clause 2.3 requires the Court to have regard to the zone objectives. A copy of PLEP 2010 is contained in Council’s Bundle at Tab 1. Each of the proposed uses are permissible in the relevant zone in which they are to be carried out and each of those uses are on their face consistent with the objectives of each of the relevant zones.

  4. Clause 2.6 (Subdivision – Consent Requirements) - The proposed works, ‘subdivision’ is permissible on the subject land, noting that all residential lots are proposed within the area mapped R3.

  5. Clause 4.1 (Minimum Subdivision Lot Size) – The subject site is not identified on the Lot Size Map for the purposes of subcl 4.1(3). Subclause 4.1(4B) provides that development consent must not be granted for the subdivision of land in Zone R3 Medium Density Residential unless each standard lot to be created by the subdivision would have a minimum width of 12 metres.

  6. The applicant has prepared amended subdivision plans (Tab 5 of s34 agreement bundle), which demonstrate that all standard lots proposed have widths that are equal to, or greater than, 12 metres.

  7. Clause 5.10 (Heritage) - The site is not identified as a heritage item nor is it located within a heritage conservation area. There are 2 local heritage items (Item No. 860 – “Kingswood Milestone” & Item No. 315 “Werrington Park House”, garden and poplar avenue at 653–729 Great Western Highway) near the site. Item 815 is along the southern verge of the Great Western Highway at the front of the site and Item 315 adjoins the eastern boundary of the site, however the parties are agreed that proposed development does not have any adverse impact on the items given the spatial separation.

  1. Clause 7.1 (Earthworks) - The proposed development proposes earthworks which is a matter for consideration under cl 7.1. In support of the proposed works, the applicant has prepared the following documents:

  1. Preliminary Geotechnical Investigation Report (Tab 6 of Class 1 Application); and

  2. Soil and Water Management Plan (Drawings CW400 & CW401, Tab 2 of s34 agreement bundle).

  1. The Council has considered the above documents and the matters identified in cl 7.1(3). The conditions of consent require compliance with these documents.

  2. Clause 7.4 (Development on Natural Resources Sensitive Land) - The subject site is not identified as natural resources sensitive land.

  3. Clause 7.6 (Salinity) - Due to the history, nature and location of the subject site, the proposed development is unlikely to have an impact on soil salinity. Accordingly, cl 7.6 does not apply.

  4. Clause 7.7 (Servicing) - The proposed development will be serviced by sewer, water, power and telecommunications and conditions have been imposed accordingly for the required clearance certificates.

  5. Clause 7.8 (Active Street Frontages) - The subject site is not identified on the Active Street Frontages Map.

  6. Clause 7.30 (Urban Heat) – The proposed development incorporates planning and design measures to reduce the urban heat island effect through the proposed layout of the subdivision and planting of street trees on each of the roads within the subdivision, as well as within the riparian corridor and recreational area (Amended Landscape Plans, Tab 4 of s34 agreement bundle). I understand that the Council is satisfied that the proposed development incorporates planning and design measures which will reduce the heat island effect, consistent with this clause and with the Updated Supplementary SEE dated 17 May 2023.

  7. Having regard to all of the above matters, the jurisdictional prerequisites to the proper exercise of the power to approve the development application have been met.

  8. 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. As such, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties’ decision.

  9. The Court notes:

  1. Penrith City Council, as the relevant consent authority, has agreed, under cl 55(1) of the Environmental Planning and Assessment Regulation 2000, to the applicant amending development application no. DA21/0369 in accordance with the documents listed below:

Plan name

Drawing Number

Prepared by

Dated

Amended Subdivision Plans

Plan of Subdivision of Lots 125, 126 & 127 in DP 1215199

Sheet 1 of 3

Ramsay Surveyors

28 April 2023

Plan of Subdivision of Lots 125, 126 & 127 in DP 1215199

Sheet 2 of 3

Ramsay Surveyors

28 April 2023

Plan of Subdivision of Lots 125, 126 & 127 in DP 1215199

Sheet 3 of 3

Ramsay Surveyors

28 April 2023

Amended Civil Plans

General Notes & Legend

CW101, Rev P5

SGC Consultants

9 May 2023

Overall Site Plan

CW102, Rev P5

SGC Consultants

9 May 2023

Stage 4 Plan

CW103, Rev P5

SGC Consultants

9 May 2023

General Arrangement Plan Sheet 1 of 6

CW200, Rev P5

SGC Consultants

9 May 2023

General Arrangement Plan Sheet 2 of 6

CW201, Rev P5

SGC Consultants

9 May 2023

General Arrangement Plan Sheet 3 of 6

.CW202, Rev P5

SGC Consultants

9 May 2023

Civil Works General Arrangement Plan Sheet 4 of 6

CW203, Rev P5

SGC Consultants

9 May 2023

Civil Works General Arrangement Plan Sheet 5 of 6

CW204, Rev P5

SGC Consultants

9 May 2023

General Arrangement Plan Sheet 6 of 6

. CW205, Rev P5

SGC Consultants

9 May 2023

Proposed Roundabout Design

CW211, Rev P5

SGC Consultants

9 May 2023

Road No. 1 Longitudinal & Typical Cross Sections

CW300, Rev P5

SGC Consultants

9 May 2023

Road Nos. 2 & 3 Longitudinal &

Typical Cross Sections

. CW301, Rev P5

SGC Consultants

9 May 2023

Road No. 4 Laneway Longitudinal

& Typical Cross Sections

CW302, Rev P5

SGC Consultants

9 May 2023

Drainage Plan Sheet 1 of 2

CW310, Rev P5

SGC Consultants

9 May 2023

Drainage Plan Sheet 2 of 2

CW311, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 1 of 9

CW320, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 2 of 9

CW321, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 3 of 9

CW322, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 4 of 9

CW323, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 5 of 9

CW324, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 6 of 9

CW325, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 7 of 9

CW326, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 8 of 9

CW327, Rev P5

SGC Consultants

9 May 2023

Drainage Longitudinal Sections – Sheet 9 of 9

CW328, Rev P5

SGC Consultants

9 May 2023

Drainage Calculations Sheet 1 of 4

CW329, Rev P5

SGC Consultants

9 May 2023

Drainage Calculations – Sheet 2 of 4

CW330, Rev P5

SGC Consultants

9 May 2023

Drainage Calculations – Sheet 3 of 4

CW331, Rev P5

SGC Consultants

9 May 2023

Drainage Calculations – Sheet 4 of 4

CW332, Rev P5

SGC Consultants

9 May 2023

Soil & Water Management – Plan And Details

CW400, Rev P5

SGC Consultants

9 May 2023

Soil & Water Management – Notes And Details

CW401, Rev P5

SGC Consultants

9 May 2023

Site Regrading Plan – Sheet 1 of 2

CW500, Rev P5

SGC Consultants

9 May 2023

Site Regrading Plan – Sheet 2 of 2

CW501, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 1 of 6

CW510, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 2 of 6

CW511, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 3 of 6

CW512, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 4 of 6

CW513, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 5 of 6

CW514, Rev P5

SGC Consultants

9 May 2023

Site Regrading Sections – Sheet 6 of 6

CW515, Rev P5

SGC Consultants

9 May 2023

Basin Catchment Plan

CW600, Rev P5

SGC Consultants

9 May 2023

Catchment Plan

CW601, Rev P5

SGC Consultants

9 May 2023

Creek Channel Plan, Longitudinal & Cross Sections

CW700, Rev P5

SGC Consultants

9 May 2023

Creek Channel Cross Sections – Sheet 1 of 2

CW701, Rev P5

SGC Consultants

9 May 2023

Creek Channel Cross Sections – Sheet 2 Of 2

CW702, Rev P5

SGC Consultants

9 May 2023

Creek Cross Sections

CW800, Rev P5

SGC Consultants

9 May 2023

Retaining Wall Long Section Along Westside Of Creek – Sheet 1 Of 2

CW801, Rev P5

SGC Consultants

9 May 2023

Retaining Wall Long Section Along Westside Of Creek – Sheet 2 Of 2

CW802, Rev P5

SGC Consultants

9 May 2023

Highway Cross Sections

CW820, Rev P5

SGC Consultants

9 May 2023

Retaining Wall Details

CW830, Rev P5

SGC Consultants

9 May 2023

Amended Landscape Plans

Landscape Master Plan

L-01, Rev K

Site Design + Studios

9 May 2023

Landscape Plan South West Corner

L-02, Rev K

Site Design + Studios

9 May 2023

Streetscape Landscape Plan

L-03, Rev K

Site Design + Studios

9 May 2023

Riparian Corridor & Recreational Area Landscape Plan

L-04, Rev K

Site Design + Studios

9 May 2023

Planting Schedule & Palette

L-05, Rev K

Site Design + Studios

9 May 2023

Streetscape & Riparian Corridor Sections

L-06, Rev K

Site Design + Studios

9 May 2023

Typical Planting Details

L-07, Rev K

Site Design + Studios

9 May 2023

Fence Details

L-08, Rev K

Site Design + Studios

9 May 2023

Great Western Highway Corridor Sections

L-09, Rev K

Site Design + Studios

9 May 2023

Supporting Documentation

Amended Statement of Environmental Effects and Schedule of Amendments

Planning Ingenuity

17 May 2023

Swept Path Analysis

TTPP

11 May 2023

Indicative Building Envelope Plans

Ramsay Surveyors

2 May 2023

Letter of Offer and Owners Consent for Dedication of Land

-

19 May 2023

  1. The amended development application was filed with the Court on 22 May 2023.

  1. The Court orders:

  1. The applicant is to pay the respondent’s costs thrown away as a result of the amendments made as agreed or assessed, in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979.

  2. The appeal is upheld.

  3. Development application no. DA21/0369 for Torrens title subdivision to create 134 x residential lots, public roads, a recreation area, and associated tree removal, drainage, landscape embellishment works and dedication of land at 731-755 Great Western Highway, Werrington is determined by a grant of consent subject to conditions contained in Annexure ‘A’.

……………………

S Dixon

Senior Commissioner of the Court

Annexure A (351569, pdf)

**********

Decision last updated: 30 May 2023

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