Universal Property Group P/L v Blacktown City Council [2012] NSWLEC 1296

Universal Property Group P/L v Blacktown City Council [2012] NSWLEC 1296

The Court found that the proposed development achieves the council's planning objectives, is consistent with the broad objectives of the draft planning instrument, and that no adverse impacts arise from the additional height. Accordingly, consent should be granted. Significant weight was not placed on detailed draft controls due to the draft plan's lack of imminence or certainty.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
23 October 2012
Procedural Posture
Appeal / Principal Judgment
Outcome
Appeal upheld
Legal Topics
Development Application, Building Height, Draft Local Environmental Plan, Mixed Use Development
Planning Law Environmental Law Development Application Building Height Draft Local Environmental Plan Mixed Use Development

Case Brief

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal / Principal Judgment

Legal Issues

  1. 1 Weight to be given to draft local environmental plan
  2. 2 Compliance with planning controls
  3. 3 Appropriateness of building height

Ratio Decidendi

The Court found that the proposed development achieves the council's planning objectives, is consistent with the broad objectives of the draft planning instrument, and that no adverse impacts arise from the additional height. Accordingly, consent should be granted. Significant weight was not placed on detailed draft controls due to the draft plan's lack of imminence or certainty.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Development Application JRPP-11-2391 for the erection of a 20 storey mixed use commercial and residential development at Nos 1-7 Second Avenue Blacktown is approved subject to the conditions contained in Annexure 'A'.