Graham Developers Pty Ltd v Blacktown City Council [2021] NSWLEC 1142

Graham Developers Pty Ltd v Blacktown City Council [2021] NSWLEC 1142

The Court held that the drainage and level uncertainties associated with the undetermined Parent subdivision had been sufficiently evaluated, that any possible elevation of Road 1 could be absorbed without identified fundamental impacts on the proposed development, and that proposed Conditions 2 and 4 were final, certain and did not defer an essential matter. The Court was satisfied that the height and minimum lot size cl 4.6 written requests were well founded, that the proposed development was consistent with the relevant development standard and zone objectives, and, after receipt of a complying Design Verification Statement, that development consent should be granted under s 4.16 of...

Jurisdiction
Australia
Judgment Date
23 March 2021
Procedural Posture
Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application SPP 17 00051 / Final Determination After Hearing and Addendum Following Provision of a Design Verification Statement
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'residential Flat Buildings' 'subdivision and Road Construction' 'stormwater Drainage' 'deferred Commencement Conditions' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'minimum Lot Size Development Standard' 'apartment Design Guide and SEPP 65']
['environmental Planning and Assessment' 'development Consent' 'land and Environment'] ['development Application Refusal Appeal' 'residential Flat Buildings' 'subdivision and Road Construction' 'stormwater Drainage' 'deferred Commencement Conditions' 'clause 4.6 Written Request' 'height of Buildings Development Standard' 'minimum Lot Size Development Standard' 'apartment Design Guide and SEPP 65']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application SPP 17 00051 / Final Determination After Hearing and Addendum Following Provision of a Design Verification Statement

Legal Issues

  1. 1 ['Whether uncertainty arising from the undetermined Parent subdivision and related stormwater drainage design should preclude the grant of consent.' 'Whether proposed deferred commencement conditions concerning consistency with the Parent subdivision and stormwater drainage were final and certain and did not defer an essential matter.' 'Whether the cl 4.6 written request justified contravention of the height of buildings development standard in cl 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.' 'Whether the cl 4.6 written request justified contravention of the minimum lot size development standard in cl 4.1AB of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.' 'Whether the application should proceed notwithstanding deficiencies in the original designers statement required by the Environmental Planning and Assessment Regulation 2000 and SEPP 65.']

Ratio Decidendi

The Court held that the drainage and level uncertainties associated with the undetermined Parent subdivision had been sufficiently evaluated, that any possible elevation of Road 1 could be absorbed without identified fundamental impacts on the proposed development, and that proposed Conditions 2 and 4 were final, certain and did not defer an essential matter. The Court was satisfied that the height and minimum lot size cl 4.6 written requests were well founded, that the proposed development was consistent with the relevant development standard and zone objectives, and, after receipt of a complying Design Verification Statement, that development consent should be granted under s 4.16 of...

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ["The Applicant's written request, prepared in accordance with cl 4.6 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, to contravene the height of building development standard at cl 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth...