DEVELOPMENT APPLICATION: staged residential subdivision subdivision: conciliation conference
agreement between the parties
Source
Original judgment source is linked above.
Catchwords
DEVELOPMENT APPLICATION: staged residential subdivision subdivision: conciliation conferenceagreement between the parties
Judgment (8 paragraphs)
[1]
Judgment
COMMISSIONER: The applicant, Signature Properties No. 2 Pty Ltd has appealed the decision of the respondent, Blacktown City Council, to refuse consent for Development Application No. SPP - 17 - 00045.
The appeal is made pursuant to s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act) within Class 1 of the Court's jurisdiction. These proceedings are determined pursuant to the provisions of s 4.16 of the EPA Act.
The land subject to the development application comprises Lot 35 in Deposited Plan 30186 otherwise known as 103 Tallawong Road, Rouse Hill. Owner's consent has been provided.
The land is zoned part R3 and part SP2 pursuant to State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (SEPP (SRGC)). The subject application seeks consent for a staged residential subdivision into 3 super lots and 1 residue lot, and staged community title subdivision to create 61 community title lots for housing and 5 strata lots, construction of 61 dwelling houses and 5 studio dwellings, public road construction and private laneways under community title, tree removal, landscaping, street tree planting, stormwater drainage and other ancillary works. The subdivision is permissible with consent: under SEPP (SRGC) cll 4.1AB, 4.1AD & 4.1 AF.
The Court arranged conciliation conferences under s 34(1) of the Land and Environment Court Act 1979 (LEC Act) between the parties, which were held on 29 October 2018; 16 & 23 November 2018; 7 & 12 December 2018, I have presided over the conciliation conferences. There were no third party objectors.
After the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. This decision involved the Court upholding the appeal and granting development consent to the development application subject to conditions.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application.
There are jurisdictional prerequisites that must be satisfied before this function can be exercised. The parties identified the jurisdictional prerequisites of relevance in these proceedings parties and explained how the jurisdictional prerequisites have been satisfied.
The erection of the dwellings and studio dwellings is permissible with consent in the zones in which they are proposed. The preconditions for the erection of the dwellings and studio dwellings are satisfied, for the reasons set out in the Statement of Environmental Effects (SEE) lodged with the Development Application.
The site is land to which cl 7(4) of State Environmental Planning Policy No 55 - Remediation of Land (SEPP 55), applies. A consent authority cannot grant consent to carrying out of development to which cl 7.4 applies unless satisfied that the requirements of cl 7(1), (2) and (3) have been met. A preliminary investigation (PSI) has been undertaken by NG Child & Associates in accordance with cl 7(2) and (3) and is annexed to the SEE. The PSI's conclusion was that a further detailed contamination assessment be undertaken following demolition and rubbish removal. Appropriate conditions have been imposed by Council (Condition 4.7). The preconditions in cl 7(1) of SEPP 55 have been met.
The DA is integrated development given that the concurrence of the Rural Fire Service (RFS) is required. The RFS issued a letter on 20 September 2018 providing the General Terms of Approval (GTAs) pursuant to s 100B of the Rural Fires Act 1997. The GTAs are incorporated in Condition 2.7.
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.. For the reasons given in [9], [10] and [11] above I am satisfied that the necessary preconditions for granting approval have been met.
As the parties' decision is a decision that the Court could have made in the proper exercise of its functions, I am required under s 34(3) of the LEC Act to dispose of the proceedings in accordance with the parties' decision.
The Court notes that:
1. the documents referred to in conditions 2.1.1 and 6.1.4 of the conditions of consent contained at Annexure A (see [15(1)] below) are located on the USB provided by the parties and attached to the Court's file;
2. the documents on the USB have been downloaded and saved on the Court's file management system, under the folder heading "Judgment & Orders".
The Court orders:
1. The Applicant is granted leave to rely upon the following amended material, as referenced in conditions 2.1.1 and 6.1.4 of the conditions of consent contained at Annexure "A":
Subdivision Drawings prepared by Norton Survey Partners
Drawing Reference Dated Revision
Plan of proposed subdivision prepared by Norton Survey Partners, Reference 05438, Sheet S1 27/08/2018 B
Plan of proposed community title subdivision, Lot 100 in Subdivision Plan 05438-S1, Sheet C1 27/08/2018 C
Plan of proposed community title subdivision, Lot 101 in Subdivision Plan 05438-S1, Sheet C2 27/08/2018 C
Plan of proposed community title subdivision, Lot 102 in Subdivision Plan 05438-S1, Sheet C3 27/08/2018 C
Plan of proposed strata subdivision of Lot 9, Community Scheme No. 1, Reference 05438 SP-CS1-Lot 9, Sheets 1 and 2 27/08/2018 B
Plan of proposed strata subdivision of Lot 10, Community Scheme No. 1, Reference 05438 SP-CS1-Lot 10, Sheets 1 and 2 20/4/18 A2
Plan of proposed strata subdivision of Lot 18, Community Scheme No. 1, Reference 05438 SP-CS1-Lot 18, Sheets 1 and 2 19/12/17 A1
Plan of proposed strata subdivision of Lot 14, Community Scheme No. 2, Reference 05438 SP-CS2-Lot 14, Sheets 1 and 2 27/08/2018 B
Plan of proposed strata subdivision of Lot 14, Community Scheme No. 3, Reference 05438 SP-CS3-Lot 14, Sheets 1 and 2 27/08/2018 B
[2]
Architectural Drawings prepared by Signature Property Developers Pty Ltd
Ground & First Floor Plan 29/10/2018 K
Demolition Plan 3/09/2018 D
Landscaping, Site & Waste Management Plan 2/11/2018 J
Site Analysis 3/09/2018 C
Typical cross section through East-West portion of laneways 28/09/2018 A
Retaining Walls Plan 2/11/2018 A
Individual house plans for Community Plan 1
CP 1 - LOT 2 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 2 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 2 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 2 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 3 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 3 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 3 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 3 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 4 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 4- drawing no. DA-02 3/09/2018 E
CP 1 - LOT 4 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 4 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 5 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 5- drawing no. DA-02 3/09/2018 E
CP 1 - LOT 5 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 5 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 6 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 6 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 6 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 6 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 7 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 7 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 7 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 7 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 8 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 8 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 8 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 8 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 9 - drawing no. DA-01 25/10/2018 F
CP 1 - LOT 9 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 9 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 9 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 9 - drawing no. DA-05 3/09/2018 E
CP 1 - LOT 9 - drawing no. DA-06 3/09/2018 E
CP 1 - LOT 10 - drawing no. DA-01 25/10/2018 F
CP 1 - LOT 10 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 10 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 10 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 10 - drawing no. DA-05 3/09/2018 E
CP 1 - LOT 10 - drawing no. DA-06 3/09/2018 E
CP 1 - LOT 11 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 11 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 11 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 11 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 12 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 12 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 12 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 12 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 13 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 13 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 13 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 13 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 14 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 14 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 14 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 14 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 15 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 15 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 15 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 15 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 16 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 16 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 16 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 16 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 17 - drawing no. DA-01 3/09/2018 E
CP 1 - LOT 17 - drawing no. DA-02 3/09/2018 E
CP 1 - LOT 17 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 17 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 18 - drawing no. DA-01 29/10/2018 G
CP 1 - LOT 18 - drawing no. DA-02 2/11/2018 F
CP 1 - LOT 18 - drawing no. DA-03 3/09/2018 E
CP 1 - LOT 18 - drawing no. DA-04 3/09/2018 E
CP 1 - LOT 18 - drawing no. DA-05 2/11/2018 F
CP 1 - LOT 18 - drawing no. DA-06 2/11/2018 F
[3]
Individual house plans for Community Plan 2
CP 2 - LOT 2 - drawing no. DA-01 2/11/2018 F
CP 2 - LOT 2 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 2 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 2 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 3 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 3 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 3 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 3 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 4 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 4 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 4 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 4 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 5 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 5- drawing no. DA-02 3/09/2018 E
CP 2 - LOT 5 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 5 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 6 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 6 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 6 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 6 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 7 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 7 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 7 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 7 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 8 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 8 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 8 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 8 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 9 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 9 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 9 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 9 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 10 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 10 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 10 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 10 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 11 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 11 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 11 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 11 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 12 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 12 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 12 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 12 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 13 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 13 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 13 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 13 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 14 - drawing no. DA-01 25/10/2018 F
CP 2 - LOT 14 - drawing no. DA-02 2/11/2018 F
CP 2 - LOT 14 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 14 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 14 - drawing no. DA-05 3/09/2018 E
CP 2 - LOT 14 - drawing no. DA-06 3/09/2018 E
CP 2 - LOT 15 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 15 - drawing no. DA-02 2/11/2018 F
CP 2 - LOT 15 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 15 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 16 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 16 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 16 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 16 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 17 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 17 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 17 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 17 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 18 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 18 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 18 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 18 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 19 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 19 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 19 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 19 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 20 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 20 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 20 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 20 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 21 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 21 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 21 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 21 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 22 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 22 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 22 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 22 - drawing no. DA-04 3/09/2018 E
CP 2 - LOT 23 - drawing no. DA-01 3/09/2018 E
CP 2 - LOT 23 - drawing no. DA-02 3/09/2018 E
CP 2 - LOT 23 - drawing no. DA-03 3/09/2018 E
CP 2 - LOT 23 - drawing no. DA-04 3/09/2018 E
[4]
Individual house plans for Community Plan 3
CP 3 - LOT 2 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 2 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 2 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 2 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 3 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 3 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 3 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 3 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 4 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 4- drawing no. DA-02 3/09/2018 E
CP 3 - LOT 4 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 4 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 5 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 5- drawing no. DA-02 3/09/2018 E
CP 3 - LOT 5 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 5 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 6 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 6 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 6 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 6 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 7 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 7 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 7 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 7 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 8 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 8 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 8 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 8 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 9 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 9 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 9 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 9 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 10 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 10 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 10 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 10 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 11 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 11 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 11 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 11 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 12 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 12 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 12 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 12 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 13 - drawing no. DA-01 3/09/2018 E
CP 3 - LOT 13 - drawing no. DA-02 3/09/2018 E
CP 3 - LOT 13 - drawing no. DA-03 3/09/2018 E
CP 3 - LOT 13 - drawing no. DA-04 3/09/2018 E
CP 3 - LOT 14 - drawing no. DA-01 25/10/2018 G
CP 3 - LOT 14 - drawing no. DA-02 2/11/2018 G
CP 3 - LOT 14 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 14 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 14 - drawing no. DA-05 2/11/2018 G
CP 3 - LOT 14 - drawing no. DA-06 2/11/2018 G
CP 3 - LOT 15 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 15 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 15 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 15 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 16 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 16 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 16 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 16 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 17 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 17 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 17 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 17 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 18 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 18 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 18 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 18 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 19 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 19 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 19 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 19 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 20 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 20 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 20 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 20 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 21 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 21 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 21 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 21 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 22 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 22 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 22 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 22 - drawing no. DA-04 10/09/2018 F
CP 3 - LOT 23 - drawing no. DA-01 10/09/2018 F
CP 3 - LOT 23 - drawing no. DA-02 10/09/2018 F
CP 3 - LOT 23 - drawing no. DA-03 10/09/2018 F
CP 3 - LOT 23 - drawing no. DA-04 10/09/2018 F
Engineering Plans prepared by Advent Consulting Engineers
Drawing Reference Dated Revision
Locality Plan and Drawing Schedule, drawing no C001 01/11/2018 H
General Notes, drawing no C002 17/04/2018 C
Council Precinct Plan ILP Overlay, drawing no C003 03/09/2018 C
Bulk Earthworks Plan, drawing no's C100 - C103 20/09/2018 G
Roadworks & Stormwater Drainage Layout, drawing no C200 01/11/2018 K
Road Works Typical Details, Sheet 1 of 2, drawing no C201 11/09/2018 F
Road Works Typical Details, Sheet 2 of 2, drawing no C202 17/04/2018 C
Tallawong Road, Longitudinal Section, drawing no C203 17/04/2018 C
Tallawong Road Cross Sections CH 990 to H1065), drawing no C204 17/04/2018 C
Road 1 Longitudinal Section, drawing no C205 11/09/2018 G
Road 1 Cross Sections (CH 15 to CH 180), drawing no C206 11/09/2018 G
Road 1 Cross Sections (CH 195 to CH 300), drawing no C207 11/09/2018 G
Road 2 Longitudinal & Cross Sections, drawing no C208 11/09/2018 G
Road 3 Longitudinal & Cross Sections, drawing no C209 11/09/2018 G
Road 4 Longitudinal & Cross Sections, drawing no C210 11/09/2018 G
Access Lane 1 Longitudinal & Cross Sections, drawing no C211 25/09/2018 G
Access Lane 2 Longitudinal & Cross Sections, drawing no C212 25/09/2018 G
Access Lane 3 Longitudinal & Cross Sections, drawing no C213 25/09/2018 G
Roadworks Swept Paths, drawing no C215 10/09/2018 B
Roadworks & Stormwater Drainage Layout (Ultimate), drawing no C216 01/11/2018 B
Stormwater Catchment Plan & Details, drawing no C300 01/11/2018 H
Stormwater Standard Details & Roofwater Outlet Connection Details, drawing no C301 17/04/2018 C
Typical Stormwater Pit Details, drawing no C302 17/04/2018 C
OSD 1 & 2 Pit Schedule drawing no C303 01/11/2018 E
OSD 3 Pit Schedule, drawing no C304 01/11/2018 E
Allotment Stormwater Drainage Connection & Driveway Location Plan - Stage 1, drawing no C305 01/11/2018 G
Allotment Stormwater Drainage Connection & Driveway Location Plan - Stage 2, drawing no C306 01/11/2018 G
Allotment Stormwater Drainage Connection & Driveway Location Plan - Stage 3, drawing no C307 01/11/2018 G
OSD Tank 1 Layout Plan & Sections, drawing no C310 11/09/2018 F
OSD 1 Longitudinal Section Q100, drawing no C311 01/11/2018 E
OSD 1 Longitudinal Section Q5, drawing no C312 01/11/2018 E
OSD Longitudinal Section, Q100, drawing no C313 01/11/2018 E
OSD Longitudinal Section Q5, drawing no C314 01/11/2018 E
OSD 3 Longitudinal Section Q100, drawing no C315 01/11/2018 E
OSD 3 Longitudinal Section Q5, drawing no C316 01/11/2018 G
OSD Tank 2 Layout Plan & Sections, drawing no C317 11/09/2018 D
OSD Tank 3 Layout Plan & Sections, drawing no C318 11/09/2018 D
Sub OSD Layout Plan & Section, drawing no C319 11/09/2018 C
OSD Tank 3 Sections, drawing no C320 11/09/2018 C
Inter-Allotment SWD Longitudinal Sections, drawing no C321 01/11/2018 A
Inter-Allotment SWD Pit Schedule, drawing no C322 01/11/2018 A
Erosion and Sediment Control Plan, drawing no C400 01/11/2018 G
Erosion and Sediment Control Details, drawing no C401 17/04/2018 C
Staging Plan, drawing no C410 03/09/2018 E
Music Model Area Calculation, drawing no C500 11/09/2018 G
[7]
The Applicant is to pay the Respondent's costs under section 8.15(3) of the Environmental and Planning Assessment Act 1979 in the amount of $7,000.00.
2. The appeal is upheld.
3. Development Application No. SPP-17-00045, as amended, being a staged residential subdivision into 3 super lots and 1 residue lot, and staged community title subdivision to create 61 community title lots for housing and 5 strata lots, construction of 61 dwelling houses and 5 studio dwellings, public road construction and private laneways under community title, demolition, tree removal, landscaping, street tree planting, stormwater drainage and other ancillary works at Lot 35 in Deposited Plan 30186 otherwise known as 103 Tallawong Road, Rouse Hill, is approved subject to the conditions in Annexure "A".
……………………….
P Adam
Acting Commissioner of the Court
Annexure A
[8]
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Decision last updated: 07 February 2019