Investment 8888 v Blacktown City Council [2026] NSWLEC 1315
Before: Moore AC · NSW Land and Environment Court
Summary
This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (NSW) (EPA Act) against a deemed refusal by the Blacktown City Council (Respondent) of Development Application DA-25-01648 (DA) lodged with the Respondent on 7 October 2025. The DA sought consent for tree removal, bulk earthworks, civil works and Torrens title subdivision of 1 lot into 4 residential lots at Lot 50 DP1045578, known as 59 Beames Avenue, Rooty Hill (the site). The applicat
Catchwords
Development Application — Torrens title subdivision — conciliation — agreement reached — orders made
Outcome
The Court orders that: (1) The appeal is upheld. (2) Development application No. DA-25-01648 for tree removal, bulk earthworks, civil works and Torrens title subdivision of 1 lot into 4 residential lots at 59 Beames Avenue, Rooty Hill NSW 2766 (also known as Lot 50, DP 1045578), is determined by grant of consent, subject to the conditions of consent at Annexure A.
Legislation cited
Biodiversity Conservation Act 2016 (NSW), ss 7.2, 7.7 Environmental Planning and Assessment Act 1979 (NSW), ss 4.15, 4.16, 8.7 Land and Environment Court Act 1979 (NSW), s 34 Biodiversity Conservation Regulation 2017, cll 7.1, 7.2, 7.3, Blacktown Local Environmental Plan 2015, cll 2.2, 2.3, 2.6, 4.1, 5.21, 7.2, 7.5 Environmental Planning and Assessment Regulation 2021 (NSW), s 38 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chs 2, 6, Pt 2.3, s 6.6 State Environmental Planning Policy (Resilience and Hazards) 2021, Ch 4, s 4.6
Read the full judgment
Authoritative text on NSW Caselaw · ~20k words
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