Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1592

Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1592

The applicant's amended development application, including a justified variation to the maximum building height under cl 4.6 of the Growth Centres SEPP, addressed all contentions raised by Council. The Court was satisfied that all relevant statutory requirements, jurisdictional prerequisites, and planning controls were met or properly varied, and approved the application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Appeal (class 1) Environmental Planning and Protection / Final Decision After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'concept Plan Approval' 'building Height Variation' 'sepp Compliance' 'social Impact' 'landscaping' 'waste Management' 'drainage' 'engineering Assessment']
['planning and Environment Law'] ['development Application' 'concept Plan Approval' 'building Height Variation' 'sepp Compliance' 'social Impact' 'landscaping' 'waste Management' 'drainage' 'engineering Assessment']

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Procedural Posture

Appeal (class 1) Environmental Planning and Protection / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application (SPP-20-00001) for stages 3 and 4 of the Cudgegong Town Centre concept plan should be approved, including a variation to building height controls under clause 4.6 of the Growth Centres SEPP;' "Whether the DA satisfactorily addresses council's previously raised contentions around SEPP 65, waste, landscaping, social impact, engineering, drainage, Endeavour Energy easement, and compliance with relevant environmental planning instruments."]

Ratio Decidendi

The applicant's amended development application, including a justified variation to the maximum building height under cl 4.6 of the Growth Centres SEPP, addressed all contentions raised by Council. The Court was satisfied that all relevant statutory requirements, jurisdictional prerequisites, and planning controls were met or properly varied, and approved the application subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ["The applicant's cl 4.6 height variation request is upheld." "Applicant is to pay the respondent's costs thrown away, as agreed or assessed." 'The appeal is upheld.' 'Development Application No. SPP-20-00001 for Stage 2 development of Concept DA SPP-17-00039, including stages 3 and 4 buildings, car parking, retail,...