Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1587

Restifa & Partners Pty Ltd v Blacktown City Council [2021] NSWLEC 1587

The appeal is upheld as the jurisdictional prerequisites for modifying the concept development consent have been satisfied, all relevant contentions addressed through amended plans and reports, and the variation to the height standard justified under cl 4.6 of the Growth Centres SEPP. The court, exercising functions equivalent to the consent authority, grants consent to the Modification Application subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
06 October 2021
Procedural Posture
Class 1 Environmental Planning and Protection Appeal / Modification Appeal Upheld After Conciliation Conference
Outcome
Appeal upheld; modification consent granted
Legal Topics
['modification Application' 'concept Plan Approval' 'height Variation' 'floor Space Ratio' 'active Street Frontages' 'amenity' 'access' 'traffic' 'streetscape' 'open Space' 'waste' 'engineering' 'infrastructure Contributions']
['planning and Environment'] ['modification Application' 'concept Plan Approval' 'height Variation' 'floor Space Ratio' 'active Street Frontages' 'amenity' 'access' 'traffic' 'streetscape' 'open Space' 'waste' 'engineering' 'infrastructure Contributions']

Case Brief

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Procedural Posture

Class 1 Environmental Planning and Protection Appeal / Modification Appeal Upheld After Conciliation Conference

Legal Issues

  1. 1 ['Whether Modification Application No. MOD-20-00357 satisfies statutory prerequisites for modification of concept development consent SPP-17-00039' 'Whether contentions concerning amenity, access, streetscape, traffic, waste, engineering, and energy have been satisfactorily addressed' 'Whether the variation to height controls is justified pursuant to cl 4.6 of the Growth Centres SEPP']

Ratio Decidendi

The appeal is upheld as the jurisdictional prerequisites for modifying the concept development consent have been satisfied, all relevant contentions addressed through amended plans and reports, and the variation to the height standard justified under cl 4.6 of the Growth Centres SEPP. The court, exercising functions equivalent to the consent authority, grants consent to the Modification Application subject to agreed conditions.

Court Disposition

Appeal upheld; modification consent granted

Orders

  • ['The appeal is upheld.' 'Consent is granted to Modification Application No. MOD-20-00357 for modification of Development Consent SPP-17-00039 relating to amendments to vehicular access and loading arrangements, overall height, total apartment and car parking numbers, and variations to building envelopes of the...