Australian Properties v Blacktown City Council [2013] NSWLEC 1028

Australian Properties v Blacktown City Council [2013] NSWLEC 1028

Despite the imminence and certainty of the Schofields Precinct Plan and its prohibition of the development type, the application is saved by the savings provision, and the proposed development does not substantially undermine the objectives of the later planning instrument. The proposal is generally consistent with the intended future character and density for the site, and expert evidence supports approval.

Jurisdiction
Australia
Judgment Date
21 February 2013
Procedural Posture
Appeal / Decision After Hearing
Outcome
appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'savings Provisions' 'schofields Precinct Plan' 'weight of Planning Instruments']
['planning Law' 'environmental Law'] ['development Application' 'savings Provisions' 'schofields Precinct Plan' 'weight of Planning Instruments']

Case Brief

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Procedural Posture

Appeal / Decision After Hearing

Legal Issues

  1. 1 ['What weight should be given to the Schofields Precinct Plan in determining the development application?' 'Does the proposed development undermine the objectives of the R2 Low Density Residential zone in a substantial way?' 'Is the development permissible under the savings provisions of the Precinct Plan?']

Ratio Decidendi

Despite the imminence and certainty of the Schofields Precinct Plan and its prohibition of the development type, the application is saved by the savings provision, and the proposed development does not substantially undermine the objectives of the later planning instrument. The proposal is generally consistent with the intended future character and density for the site, and expert evidence supports approval.

Court Disposition

appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' 'Development Application DA 11-2334 for the construction of a multi-dwelling housing development at 118-120 Bridge Street, Schofields is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 7 and A.']