Allera Planning Pty Ltd v Blacktown City Council [2026] NSWLEC 1723
Before: Espinosa C · NSW Land and Environment Court
Summary
DEVELOPMENT APPEAL – residential subdivision – road widening – tree removal – conciliation conference – agreement between the parties – orders
Catchwords
DEVELOPMENT APPEAL – residential subdivision – road widening – tree removal – conciliation conference – agreement between the parties – orders
Outcome
The Court orders: (1) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of the amendment of the development application as agreed or assessed. (2) The appeal is upheld. (3) Development Application No DA-25-00460 for the demolition of existing structures, removal of trees, remediation works, earthworks, civil works and the subdivision of Lot 2 Section 27 DP 1459, Garfield Road East, Grantham Farm into 35 Torrens title lots and 1 lot for future road widening over the following stages: (a) Stage 0 – Subdivision into 2 residue lots, to create Lots 10 and 11. (b) Stage 1 – Subdivision of residue Lot 10 created under Stage 0 into 30 residential lots, including the demolition of existing structures, removal of 60 trees, remediation works, bulk earthworks and civil works including construction of inter allotment retaining walls and construction of half width roads to the extent of the Lot 10 boundaries created under Stage 0. (c) Stage 2 – Subdivision of residue Lot 11 created under Stage 0 into 5 residential lots and 1 lot for future road widening, removal of 84 trees, remediation works, bulk earthworks and civil works including construction of inter allotment retaining walls and construction of half width roads to the extent of the Lot 11 boundaries created under Stage 0. is determined by grant of consent, subject to the conditions in Annexure 'A'.
Legislation cited
Environmental Planning and Assessment Act 1979 (NSW), ss 4.16, 8.15, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Threatened Species Conservation Act 1995 (NSW) (repealed) Biodiversity Conservation (Savings and Transitional) Regulation 2017 (NSW), cl 43 Blacktown Council Local Environmental Plan 2015 Environmental Planning and Assessment Regulation 2021 (NSW), ss 23, 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Pt 6.2, Div 2, ss 6.6, 6.7, 6.8, 6.9 State Environmental Planning Policy (Precincts - Central River City) 2021, Appendix 7, ss 2.6, 4.1AB, 4.1AD, 4.1B, 5.1, 5.9, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (repealed)
Read the full judgment
Authoritative text on NSW Caselaw · ~23k words
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