Universal Property Group Pty Limited v Blacktown City Council [2012] NSWLEC 1271

Universal Property Group Pty Limited v Blacktown City Council [2012] NSWLEC 1271

After considering the relevant matters in s 79C of the Environmental Planning & Assessment Act 1979, the amended plans, the agreed conditions and the evidence on each contention, the Court was satisfied that the issues concerning solar access, waste management, landscaping, internal amenity, overdevelopment, streetscape, traffic, stormwater, light spill and the public interest had been resolved or did not provide grounds for refusal. The appeal was therefore upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
28 September 2012
Procedural Posture
Class 1 Appeal Under S 97(1) of the Environmental Planning & Assessment Act 1979 Against Deemed Refusal of a Development Application / Hearing and Determination of Appeal
Outcome
Appeal upheld; Development Application DA-11-437 approved subject to conditions.
Legal Topics
['development Application' 'medium Density Residential Development' 'waste Management' 'landscaping and Amenity' 'solar Access' 'traffic and Parking' 'public Interest']
['planning and Environment Law'] ['development Application' 'medium Density Residential Development' 'waste Management' 'landscaping and Amenity' 'solar Access' 'traffic and Parking' 'public Interest']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 97(1) of the Environmental Planning & Assessment Act 1979 Against Deemed Refusal of a Development Application / Hearing and Determination of Appeal

Legal Issues

  1. 1 ["Whether Development Application DA-11-437 for a medium density residential development should be approved despite the council's deemed refusal." 'Whether issues concerning solar access, waste management, landscaping, internal amenity, overdevelopment, streetscape, internal traffic movements and the public interest warranted refusal.' "Whether amended plans and conditions of consent satisfactorily addressed the council's contentions and objectors' concerns."]

Ratio Decidendi

After considering the relevant matters in s 79C of the Environmental Planning & Assessment Act 1979, the amended plans, the agreed conditions and the evidence on each contention, the Court was satisfied that the issues concerning solar access, waste management, landscaping, internal amenity, overdevelopment, streetscape, traffic, stormwater, light spill and the public interest had been resolved or did not provide grounds for refusal. The appeal was therefore upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; Development Application DA-11-437 approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application DA-11-437 for the demolition of existing structures and trees, boundary adjustment, villa development comprising of a total of fourteen (14) single story detached townhouses, garages and landscaping, on Lot 2 in DP 1138981 and Lot 136 in DP...