SH7 Best Rd Pty Ltd v Blacktown City Council [2018] NSWLEC 1640

SH7 Best Rd Pty Ltd v Blacktown City Council [2018] NSWLEC 1640

The Court was not satisfied, on the written request and evidence, that compliance with the height standard was unreasonable or unnecessary, or that Council had abandoned or destroyed the height standard by previous decisions. The written justification did not adequately address impacts or alternate achievement of...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (nsw) / Final Judgment
Outcome
appeal dismissed; development application refused
Legal Topics
['development Standards' 'clause 4.6 Variation' 'height of Buildings' 'development Applications' 'local Environmental Plans' 'statutory Interpretation']
['planning and Development Law' 'environmental Law'] ['development Standards' 'clause 4.6 Variation' 'height of Buildings' 'development Applications' 'local Environmental Plans' 'statutory Interpretation']

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Procedural Posture

Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 (nsw) / Final Judgment

Legal Issues

  1. 1 ["Whether the applicant's request adequately justifies variation of the maximum building height standard under cl. 4.3 of Blacktown LEP 2015 via cl. 4.6" 'Whether compliance with the development standard is unreasonable or unnecessary' 'Whether Council has abandoned the standard by prior actions' 'Whether there are sufficient environmental planning grounds to justify the variation']

Ratio Decidendi

The Court was not satisfied, on the written request and evidence, that compliance with the height standard was unreasonable or unnecessary, or that Council had abandoned or destroyed the height standard by previous decisions. The written justification did not adequately address impacts or alternate achievement of objectives and lacked substantiation to demonstrate that the breach would not cause adverse visual or solar impacts. Accordingly, the preconditions for the exercise of power to vary the standard under cl 4.6 were not met, and the application and appeal were refused.

Court Disposition

appeal dismissed; development application refused

Orders

  • ['The request to vary the height of buildings standard at cl. 4.3 of Blacktown Local Environmental Plan 2015 is not sustained.' 'The appeal is dismissed.' 'Development Application DA-18-00360 for alterations and additions to an approved, but unconstructed, six storey residential building at 124-132 Best Road Seven...