Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1018

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1018

The Court upheld the appeal and granted development consent because the parties had reached agreement, addressing all matters in contention, and the development, as amended, satisfied all relevant statutory and planning requirements, with justification established for the minor exceedance of the height limit under clause 4.6. All required documentation and preconditions, including SEPP 65 compliance, contamination assessment, and infrastructure contributions, were met, enabling orders in agreed form to be made.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
15 January 2021
Procedural Posture
Appeal From Deemed Refusal of Development Application (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; deferred development consent granted subject to conditions by agreement of the parties.
Legal Topics
Development Applications, Residential Apartment Development, Variation of Building Height Standards, Design Quality of Residential Apartment Development, Conciliation Procedures
Planning Law Environmental Law Local Government Law Development Applications Residential Apartment Development Variation of Building Height Standards Design Quality of Residential Apartment Development Conciliation Procedures

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal From Deemed Refusal of Development Application (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application should be approved, including whether the proposed minor exceedance of the height limit is justified under clause 4.6 of the Blacktown Growth Centres Precinct Plan 2013
  2. 2 Whether the development application complies with State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development and relevant design principles
  3. 3 Whether sufficient environmental planning grounds exist to justify contravention of the height standard

Ratio Decidendi

The Court upheld the appeal and granted development consent because the parties had reached agreement, addressing all matters in contention, and the development, as amended, satisfied all relevant statutory and planning requirements, with justification established for the minor exceedance of the height limit under clause 4.6. All required documentation and preconditions, including SEPP 65 compliance, contamination assessment, and infrastructure contributions, were met, enabling orders in agreed form to be made.

Court Disposition

Appeal upheld; deferred development consent granted subject to conditions by agreement of the parties.

Orders

  • Applicant granted leave to amend its development application to rely on specified architectural and landscape plans.
  • Applicant granted leave to amend its application to rely on specified supporting documents.