The rezoning of land for the controversial $1.5 billion Huntlee New Town project at Branxton has been quashed for a second time.
The NSW Land and Environment Court has overturned Huntlee’s gazettal as a ‘‘state significant site’’.
Justice Peter Biscoe upheld the Sweetwater Action Group’s challenge to the state’s biggest housing development for up to 20,000 people.
The group argued a voluntary planning agreement for the development was not enforceable.
Justice Biscoe ordered that the respondents, Huntlee Pty Ltd and the Minister for Planning, pay the group’s court costs, subject to considering any requests lodged tomorrow morning.
Sweetwater Action Group spokesman Chris Parker said outside the court this afternoon that the decision showed the ‘‘little guy’’ could win.
The development’s state significant listing was previously quashed in the wake of another Land and Environment Court decision that conservation land offsets under unlawful "deeds of agreement" constituted a "land bribe".