Mookhy v Blacktown City Council [2019] NSWLEC 1359

Mookhy v Blacktown City Council [2019] NSWLEC 1359

The applicant's written request under clause 4.6 of the SRGC SEPP adequately demonstrates that strict compliance with the maximum height standard is unnecessary due to achievement of the standard's objectives, minor nature of exceedance, and alignment with public interest and zone objectives; consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; applicants to pay respondent's thrown away costs as a result of amending the application.
Legal Topics
['development Applications' 'variation of Development Standards' 'height Controls' 'conciliation Conferences' 'costs Orders']
['planning and Environment'] ['development Applications' 'variation of Development Standards' 'height Controls' 'conciliation Conferences' 'costs Orders']

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Procedural Posture

Appeal Against Deemed Refusal of Development Application / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Is the variation of the maximum height development standard under the SRGC SEPP justified?' 'Is consent for the staged residential development appropriate under relevant planning instruments?' 'Are jurisdictional preconditions for consent satisfied?']

Ratio Decidendi

The applicant's written request under clause 4.6 of the SRGC SEPP adequately demonstrates that strict compliance with the maximum height standard is unnecessary due to achievement of the standard's objectives, minor nature of exceedance, and alignment with public interest and zone objectives; consent is granted subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicants to pay respondent's thrown away costs as a result of amending the application.

Orders

  • ['Leave granted to rely on amended plans and documents listed in condition 3 of Conditions of Consent.' "Applicant's written request to vary maximum height standard is upheld." 'The appeal is upheld.' "Applicants to pay respondent's thrown away costs as agreed or assessed." "Development Application No SPP/17/00037...