Fuller Street Pty Ltd v Blacktown City Council [2023] NSWLEC 1023

Fuller Street Pty Ltd v Blacktown City Council [2023] NSWLEC 1023

The Court held that both proposed developments at 71 and 73 Fuller Street exhibit design excellence as required under cl 7.7 of Blacktown Local Environmental Plan 2015 and are compatible with the character of the locality under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009. All...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 January 2023
Procedural Posture
Development Application Appeal / Final Merits Hearing and Determination
Outcome
Appeals upheld; development consents granted subject to conditions
Legal Topics
['development Applications' 'boarding Houses' 'design Excellence' 'local Character Compatibility' 'merit Appeals']
['planning and Environment'] ['development Applications' 'boarding Houses' 'design Excellence' 'local Character Compatibility' 'merit Appeals']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Final Merits Hearing and Determination

Legal Issues

  1. 1 ['Whether the proposed developments exhibit design excellence under cl 7.7 of Blacktown Local Environmental Plan 2015' 'Whether the developments are compatible with the character of the locality under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009' 'Whether preconditions for granting development consent are met, including permissibility, flooding, contamination, and planning controls compliance' 'Whether the proposed developments will have unacceptable impacts on amenity of future residents or neighbouring properties']

Ratio Decidendi

The Court held that both proposed developments at 71 and 73 Fuller Street exhibit design excellence as required under cl 7.7 of Blacktown Local Environmental Plan 2015 and are compatible with the character of the locality under cl 30A of State Environmental Planning Policy (Affordable Rental Housing) 2009. All statutory and planning preconditions for consent are satisfied and the developments are acceptable on merit; therefore, the appeals were upheld and consent granted subject to conditions.

Court Disposition

Appeals upheld; development consents granted subject to conditions

Orders

  • ['Appeal in proceedings 2021/364488 is upheld and development application DA-20-1655 for 71 Fuller Street is granted consent subject to conditions in Annexure A.' 'Exhibits are returned with the exception of Exhibits 1, A and C for 2021/364488.' 'Appeal in proceedings 2021/364495 is upheld and development...