Universal Property Group Pty Limited v Blacktown City Council [2020] NSWLEC 1204

Universal Property Group Pty Limited v Blacktown City Council [2020] NSWLEC 1204

The Court could make the agreed decision because the relevant jurisdictional pre-requisites were satisfied, including notification, permissibility, infrastructure, contamination, SEPP 65 design considerations, and the clause 4.6 requirements for variation of the height standard. The written request demonstrated that compliance with the height standard was unreasonable and unnecessary and that sufficient environmental planning grounds justified the contravention. The proposed development was in the public interest and raised no matter of State or regional environmental planning significance. Accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the...

Jurisdiction
Australia
Judgment Date
06 May 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. DA 18 02284 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Appeal upheld and Development Application No. DA-18-02284 approved subject to conditions.
Legal Topics
['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference' 'state Environmental Planning Policy (sydney Region Growth Centres) 2006' 'state Environmental Planning Policy No 65—design Quality of Residential Apartment Development' 'state Environmental Planning Policy No 55—remediation of Land']
['planning and Environment Law' 'development Consent'] ['development Application' 'deemed Refusal Appeal' 'residential Flat Building' 'clause 4.6 Variation Request' 'height of Buildings Development Standard' 'conciliation Conference' 'state Environmental Planning Policy (sydney Region Growth Centres) 2006' 'state Environmental Planning Policy No 65—design Quality of Residential Apartment Development' 'state Environmental Planning Policy No 55—remediation of Land']

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of Development Application No. DA 18 02284 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the parties' agreed decision was one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether jurisdictional pre-requisites to granting development consent under s 4.16 of the Environmental Planning and Assessment Act 1979 were satisfied.' 'Whether the written request under clause 4.6 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 justified contravention of the height of buildings development standard in clause 4.3.']

Ratio Decidendi

The Court could make the agreed decision because the relevant jurisdictional pre-requisites were satisfied, including notification, permissibility, infrastructure, contamination, SEPP 65 design considerations, and the clause 4.6 requirements for variation of the height standard. The written request demonstrated that compliance with the height standard was unreasonable and unnecessary and that sufficient environmental planning grounds justified the contravention. The proposed development was in the public interest and raised no matter of State or regional environmental planning significance. Accordingly, s 34(3) required the Court to dispose of the proceedings in accordance with the...

Court Disposition

Appeal upheld and Development Application No. DA-18-02284 approved subject to conditions.

Orders

  • ["The Applicant's written request, dated 6 March 2020 prepared by GLN Planning, made pursuant to clause 4.6 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 seeking a variation of the development standard for height of buildings set out at clause 4.3 is upheld." 'The...