Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1508

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1508

The Court was satisfied that the applicant's written request to vary the height standard under clause 4.3 of Appendix 12 SEPP (Sydney Region Growth Centres) 2006 demonstrated that compliance was unnecessary or unreasonable; sufficient environmental planning grounds and public interest were established, and the development application as amended met the relevant planning instruments and conditions.

Jurisdiction
Australia
Judgment Date
01 September 2021
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions.
Legal Topics
['development Application' 'height Control Variation' 'child Care Facility' 'residential Flat Building' 'conciliation Conference' 'environmental Planning Instruments']
['planning and Environment'] ['development Application' 'height Control Variation' 'child Care Facility' 'residential Flat Building' 'conciliation Conference' 'environmental Planning Instruments']

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for amended Development Application DA-19-01484' 'Whether variation to height control under clause 4.3 of Appendix 12 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 via clause 4.6 request should be upheld']

Ratio Decidendi

The Court was satisfied that the applicant's written request to vary the height standard under clause 4.3 of Appendix 12 SEPP (Sydney Region Growth Centres) 2006 demonstrated that compliance was unnecessary or unreasonable; sufficient environmental planning grounds and public interest were established, and the development application as amended met the relevant planning instruments and conditions.

Court Disposition

Appeal upheld; development consent granted with conditions.

Orders

  • ['Council agreed, pursuant to cl 55 Environmental Planning and Assessment Regulation 2000, to amend Development Application DA-19-01484 with amended plans and documents uploaded and filed.' "Applicant's written clause 4.6 request to vary height control under clause 4.3 of Appendix 12 State Environmental Policy...