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Tallawong Road Pty Ltd v Blacktown City Council [2026] NSWLEC 1075 | Case summary | Zoe

NSWNSWLEC

Tallawong Road Pty Ltd v Blacktown City Council

[2026] NSWLEC 1075

Land and Environment Court (NSW)|2026-02-24|Before: Dickson C

View on NSW Caselaw

General information, not legal advice.

At a glance

Source facts

Court

Land and Environment Court (NSW)

Decision date

2026-02-24

Before

Dickson C

Catchwords

MODIFICATION APPLICATION — s 4.55(8) application to the Court to
modify a development consent granted by the Court — conciliation
conference — agreement between
the parties — orders

Source

Original judgment source is linked above.

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Catchwords

MODIFICATION APPLICATION — s 4.55(8) application to the Court tomodify a development consent granted by the Court — conciliationconference — agreement betweenthe parties — orders

Judgment

Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.

Medium Neutral Citation: Tallawong Road Pty Ltd v Blacktown City Council [2026] NSWLEC 1075

Hearing dates: Conciliation conference 7 July 2025, 9 February 2026

Date of orders: 24 February 2026

Decision date: 24 February 2026

Jurisdiction: Class 1

Before: Dickson C

Decision: The Court orders that:
(1) Pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW), Modification Application lodged with the Court on 1 April 2025 for the modification of DA-21-01394 at 165 Guntawong Road, Rouse Hill is approved.
(2) Development consent DA-21-01394, granted by the Land and Environment Court on 26 September 2023, is modified in the terms in Annexure A.
(3) Development consent DA-21-01394 for the Torrens title residential subdivision of 1 lot into 61 lots including demolition, tree removal, new roads, construction of 50 dwellings on proposed lots 109-113, 115-134, 135-154 and 156-160, associated site earth and drainage works, retaining walls at 165 Guntawong Road Rouse Hill (Lot 46 DP 30186) is subject to the consolidated, modified conditions of consent at Annexure B.

Catchwords: MODIFICATION APPLICATION — s 4.55(8) application to the Court to modify a development consent granted by the Court — conciliation conference — agreement between the parties — orders

COMMISSIONER: These proceedings arise following an application to the Court under s 4.55(8) of the Environmental Planning and Assessment Act 1979 (NSW) (the EPA Act) to modify development consent DA-21-01394 (the consent) in Tallawong Road Pty Ltd v Blacktown City Council [2023] NSWLEC 1564 (Tallawong v Blacktown). That decision granted approval for the Torrens title residential subdivision of 1 lot into 61 lots including demolition, tree removal, new roads, construction of 50 dwellings on proposed lots 109-113, 115-134, 135-154 and 156-160, associated site earth and drainage works, and retaining walls at 165 Guntawong Road Rouse Hill (Lot 46 DP 30186).
The Modification Application lodged with the Court on 1 April 2025 proposes the following changes to the consent:
Amend the approved staging of the development to allow the release of additional lots prior to the reconstruction of Tallawong Road by the Respondent, by undertaking retain and other civil works.
Amendment to the drainage alignment.
The completion of earthworks, construction of retaining walls, stairs and associated works.
The Court arranged a conciliation conference under s 34(1) of the Land and Environment Court Act 1979 (NSW) (LEC Act) between the parties, which was held on 7 July 2025. Following the conciliation conference, the Applicant and the Respondent continued discussions but the conference was ultimately terminated, and the matter was listed for hearing. Prior to the hearing the parties reached agreement and requested a further conciliation conference. The Court arranged a further conciliation conference between the parties, which was held on 9 February 2026. I presided over the further conciliation conference. At the conciliation conference agreement was reached between the parties to approve the modification application. The terms of the parties’ agreement are outlined in their executed written agreement.
Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties’ signed agreement if the Court could have made that decision in the proper exercise of its functions. The preconditions relevant to the exercise of the Court’s power to make the proposed final orders are addressed in a joint jurisdictional submission annexed to the written agreement. In that regard, I note the following matters: