St Maurice Aged Care Ltd v Blacktown City Council [2024] NSWLEC 1790

St Maurice Aged Care Ltd v Blacktown City Council [2024] NSWLEC 1790

The height exceedance of the proposed development is justified under cl 4.6 of the Blacktown LEP 2015 as compliance is unreasonable or unnecessary, sufficient environmental planning grounds exist, and the amended proposal achieves the objectives of the control and the zone. The development does not produce unacceptable environmental or amenity impacts, accords with the site context and concept approval, and satisfies applicable statutory requirements. Consent is therefore granted subject to conditions.

Parties
Applicant: St Maurice Aged Care Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Class 1 Development Appeal / Final Orders After Hearing and Amendment of Application
Outcome
Appeal upheld; development consent granted subject to agreed conditions; applicant to pay respondent's costs thrown away as a result of amendment.
Legal Topics
Development Application, Height Standard Variation, Seniors Living Development, Environmental Planning and Assessment Act
Planning and Environment Development Application Height Standard Variation Seniors Living Development Environmental Planning and Assessment Act

Case Brief

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Parties

St Maurice Aged Care Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Class 1 Development Appeal / Final Orders After Hearing and Amendment of Application

Legal Issues

  1. 1 Whether amended development application meets relevant planning controls to justify development consent
  2. 2 Whether variation of height standard under cl 4.6 of Blacktown LEP 2015 is justified
  3. 3 Whether the development is consistent with objectives of the height control and R4 zone

Ratio Decidendi

The height exceedance of the proposed development is justified under cl 4.6 of the Blacktown LEP 2015 as compliance is unreasonable or unnecessary, sufficient environmental planning grounds exist, and the amended proposal achieves the objectives of the control and the zone. The development does not produce unacceptable environmental or amenity impacts, accords with the site context and concept approval, and satisfies applicable statutory requirements. Consent is therefore granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to agreed conditions; applicant to pay respondent's costs thrown away as a result of amendment.

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) Environmental Planning and Assessment Act 1979, as agreed or assessed.
  • The appeal is upheld.