Australia, June 20 -- New South Wales Land and Environment Court issued text of the following judgement on May 19:

1. COMMISSIONER: Advance Street in the western Sydney suburb of Schofields is undergoing transition in its urban form and density. Once an area of detached single dwellings in a quasi-bushland setting, the street is now a hive of construction activity as recent approval for medium density development is realised.

2. Furthering such a transition, development application DA 24-00024 was lodged by the Applicant in these proceedings, Archidrome Pty Ltd (Archidrome) on 27 March 2024, seeking consent for the removal of vegetation on the site, and construction of a Torrens title subdivision comprising 134 lots including construction of 132 x 2 storey dwellings, public and community titled roads, drainage basin and 1 residual lot at 332 and 52 Advance Street, Schofields.

3. As the development application was not otherwise determined by Blacktown City Council (the Council), Archidrome appealed the deemed refusal of the development application by filing an appeal in Class 1 of the Court's jurisdiction on 7 June 2024, under s 8.7 of the Environmental Planning and Assessment Act 1979 (EPA Act).

4. It is relevant to record that Archidrome was granted leave by the Court to amend the development application on 2 April 2025, resulting in a number of contentions that were initially pressed by the Council being resolved.

5. I also note that the Council notified the amended development application on 9 April 2025. The notification period concludes after the date of hearing, on 12 May 2025.

6. In broad terms, the proposal, as now amended, is for 63 Torrens Title lots and 63 Community Title lots, a drainage lot, a road held in Community title and one residual lot.

7. The subdivision is proposed to be staged in the following ways:

* Stage 1: subdivision to create the residential parent lot (Lot 300), the residual lot (Lot 302) and a drainage basin lot (Lot 301) for a regional drainage basin.

* Stage 2A: subdivision of the residential parent lot to create 62 final Torrens Title dwelling lots, public road reserve and footpath, residual residential lot (Lot 157) for

* Stage 2B and temporary drainage basin (Lots 100 and 156)

* Stage 2B: subdivision of the residual residential lot (Lot 157) to create 62 final Community Title dwelling lots and one Community Lot for a road.

* Stage 3A: subdivision of the temporary drainage basin lot, Lot 100, to create two Torrens title dwelling lots (Lots 201 and 202).

* Stage 3B: subdivision of the temporary drainage basin Lot 156 to create seven final Torrens title lots (Lots 203-209).

The site and its context

8. The site comprises two lots that, together, measure a total area of around 40,466m2 of open grassland and mature vegetation comprising a mix of native, exotic and weed species.

9. The site is largely set back from Advance Street, behind existing residential development, except in two locations where the site fronts Advance Street to the north of the site.

10. The site is notable for its vegetated character, being predominantly open grass with some significant trees on the site, and where terrain slopes from a high point on the northeast to a drainage swale and creek in the southwest of the site, associated with a riparian corridor beyond the boundaries of the site.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196cbce6c44ed29ef90f7df7)

Disclaimer: Curated by HT Syndication.