L&R Patri Pty Ltd v Blacktown City Council [2021] NSWLEC 1669

L&R Patri Pty Ltd v Blacktown City Council [2021] NSWLEC 1669

The appeal is upheld and development consent granted because the amended application satisfies all jurisdictional and statutory requirements, the impacts on biodiversity and heritage are appropriately addressed, and the Court may dispose of the proceedings in accordance with the parties' agreed terms under s 34 of the Land and Environment Court Act 1979.

Parties
Applicant: L & R Patri Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
03 November 2021
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Subdivision, Biodiversity Assessment, Conciliation Conference, Consent Orders
Environmental Law Planning Law Development Application Subdivision Biodiversity Assessment Conciliation Conference Consent Orders

Case Brief

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Parties

L & R Patri Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted.
  2. 2 Whether relevant jurisdictional preconditions under environmental planning instruments and statutes are satisfied.
  3. 3 Assessment of biodiversity values and impact on threatened species.

Ratio Decidendi

The appeal is upheld and development consent granted because the amended application satisfies all jurisdictional and statutory requirements, the impacts on biodiversity and heritage are appropriately addressed, and the Court may dispose of the proceedings in accordance with the parties' agreed terms under s 34 of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The appeal is upheld.
  • Development Consent is granted to DA/17/01320 for demolition of existing structures, Torrens Title subdivision of 1 lot into 34 residential lots with earthworks, tree removal, drainage and road construction at Lot 6 DP 229296, Garfield Road East, Riverstone, subject to conditions contained in Annexure 'A'.