Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1005

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1005

The appeal was upheld and development consent granted because the applicant satisfied the requirements for variation of the building height control under cl 4.6 of Appendix 12 to SEPP2006, having demonstrated that compliance was unreasonable and unnecessary, sufficient planning grounds existed, and the proposal was in the public interest and consistent with the zone objectives.

Jurisdiction
Australia
Judgment Date
07 January 2021
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
['development Application' 'residential Flat Buildings' 'variation of Development Standard' 'consent Orders']
['planning and Environment'] ['development Application' 'residential Flat Buildings' 'variation of Development Standard' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the proposed development complies with planning controls, particularly height standards' 'Adequacy of design quality principles under SEPP65' 'Amenity of proposed apartments' 'Sufficiency of information for assessment']

Ratio Decidendi

The appeal was upheld and development consent granted because the applicant satisfied the requirements for variation of the building height control under cl 4.6 of Appendix 12 to SEPP2006, having demonstrated that compliance was unreasonable and unnecessary, sufficient planning grounds existed, and the proposal was in the public interest and consistent with the zone objectives.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA-19-01136 for the construction of residential flat buildings comprising 100 residential units and 147 car parking spaces is approved subject to the conditions in Annexure A.' 'The exhibits, other than Exhibits A, C and 2, are returned.']