M Development Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1469

M Development Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1469

The Court accepted the parties’ agreement that the development application meets all relevant statutory and planning requirements, including the justification for varying the height standard under Clause 4.6, and therefore granted consent to the proposal subject to agreed conditions.

Parties
Applicant: M Development Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
17 August 2021
Procedural Posture
Appeal (class 1) / Consent Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
Development Application, Lot Consolidation, Subdivision, Residential Flat Building, Clause 4.6 Variation, Height Standard Non Compliance, Conciliation Conference, Amenity, Public Interest
Planning and Environment Law Development Application Lot Consolidation Subdivision Residential Flat Building Clause 4.6 Variation Height Standard Non Compliance Conciliation Conference +2 more

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Parties

M Development Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal (class 1) / Consent Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development complies with relevant planning controls, including height standards
  2. 2 Whether the Clause 4.6 written request for variation of the height standard is justified
  3. 3 Whether the proposed development addresses environmental, amenity, flooding, and biodiversity concerns

Ratio Decidendi

The Court accepted the parties’ agreement that the development application meets all relevant statutory and planning requirements, including the justification for varying the height standard under Clause 4.6, and therefore granted consent to the proposal subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • The Clause 4.6 written request to vary the height standard is upheld.
  • The appeal is upheld.