Allera Planning Pty Ltd v Blacktown City Council [2024] NSWLEC 1763

Allera Planning Pty Ltd v Blacktown City Council [2024] NSWLEC 1763

The orders were made giving effect to the parties' agreement after conciliation, as the proposed development satisfied legislative requirements for subdivision, biodiversity assessment and offsetting, contamination remediation, zoning, and essential services. The Court was satisfied that the outcome was within jurisdiction and that public submissions had been considered.

Parties
Applicant: Allera Planning Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
28 November 2024
Procedural Posture
Development Appeal / Determination After Conciliation Agreement
Outcome
Appeal upheld; consent granted subject to conditions; costs ordered against applicant
Legal Topics
Development Application, Subdivision, Conciliation Conference, Jurisdictional Discretion
Planning and Environment Law Development Application Subdivision Conciliation Conference Jurisdictional Discretion

Case Brief

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Parties

Allera Planning Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Appeal / Determination After Conciliation Agreement

Legal Issues

  1. 1 Whether development consent should be granted for a Torrens title subdivision creating 19 lots across two stages at Gardner Street, Rooty Hill
  2. 2 Whether the Amended Development Application satisfies relevant legislative and planning instrument requirements
  3. 3 Whether the impacts of the development, including on biodiversity and land contamination, have been adequately addressed

Ratio Decidendi

The orders were made giving effect to the parties' agreement after conciliation, as the proposed development satisfied legislative requirements for subdivision, biodiversity assessment and offsetting, contamination remediation, zoning, and essential services. The Court was satisfied that the outcome was within jurisdiction and that public submissions had been considered.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs ordered against applicant

Orders

  • The appeal is upheld.
  • Development Application No. DA-23-01209, as amended, for the Torrens title subdivision creating 19 lots across two stages is determined by the grant of consent subject to conditions at Annexure A.