Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1432

Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1432

Clause 4.1C(1)(a) of the Blacktown Local Environmental Plan 2015 was not limited to roads with different names. Because the provision is beneficial and facultative, and because its text, context, history and purpose did not clearly require differently named roads, "different road" was construed by reference to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 September 2020
Procedural Posture
Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No. DA 18 02568 / Principal Judgment Following Hearing Pursuant to S 34 Aa(2)(b) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions of consent annexed 'A'.
Legal Topics
['development Appeal' 'detached Dual Occupancy' 'torrens Title Subdivision' 'minimum Lot Size' 'construction of Cl 4.1 C(1)(a) of the Blacktown Local Environmental Plan 2015' 'beneficial and Facultative Provision' 'different Road Frontage']
['planning and Environment' 'development Consent' 'statutory Interpretation'] ['development Appeal' 'detached Dual Occupancy' 'torrens Title Subdivision' 'minimum Lot Size' 'construction of Cl 4.1 C(1)(a) of the Blacktown Local Environmental Plan 2015' 'beneficial and Facultative Provision' 'different Road Frontage']

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Procedural Posture

Class 1 Development Appeal Under S 8.7 of the Environmental Planning and Assessment Act 1979 Against the Actual Refusal of Development Application No. DA 18 02568 / Principal Judgment Following Hearing Pursuant to S 34 Aa(2)(b) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether, on the proper construction of cl 4.1C(1)(a) of the Blacktown Local Environmental Plan 2015, each of the two dwellings comprising the proposed detached dual occupancy has a frontage to a different road where each fronts a different arm of Braeburn Crescent but the street name is the same.' 'Whether the Court had power to grant development consent to the Torrens title subdivision aspect of the proposed development.']

Ratio Decidendi

Clause 4.1C(1)(a) of the Blacktown Local Environmental Plan 2015 was not limited to roads with different names. Because the provision is beneficial and facultative, and because its text, context, history and purpose did not clearly require differently named roads, "different road" was construed by reference to the form and function of the road. The two arms of Braeburn Crescent fronting the proposed dwellings were different roads for the purpose of cl 4.1C(1)(a), having regard to their 90 degree angle, different orientation and alignment. As cl 4.1C(1)(b) was also satisfied and no merit contentions were pressed, the Court had power to approve the proposed development.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent annexed 'A'.

Orders

  • ['The appeal is upheld.' "The Development Application no. DA-18-02568 for construction of a detached dual occupancy and Torrens title subdivision into 2 lots on land now legally identified as lot 94 in DP1227480 at 22 Braeburn Crescent, Stanhope Gardens is approved subject to conditions of consent annexed 'A'."...