Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1427

Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1427

The Court was satisfied that the amended plans, supporting documents, agreed conditions and cl 4.6 written request resolved the planning contentions, satisfied the relevant statutory and environmental planning instrument requirements, and justified the minor height exceedance. Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement and the development consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application No. SPP 17 00023 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties
Outcome
Clause 4.6 request upheld; appeal upheld; Development Application No. SPP-17-00023 approved subject to conditions; applicant ordered to pay respondent's amendment costs.
Legal Topics
['development Application' 'residential Flat Buildings' 'height Development Standard' 'clause 4.6 Written Variation Request' 'conciliation Conference' 'consent Orders' 'costs of Amending Development Application']
['planning and Environment Law' 'development Consent'] ['development Application' 'residential Flat Buildings' 'height Development Standard' 'clause 4.6 Written Variation Request' 'conciliation Conference' 'consent Orders' 'costs of Amending Development Application']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application No. SPP 17 00023 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Orders Following Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 and Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the Court could approve Development Application No. SPP-17-00023 for four residential flat buildings containing 151 units subject to conditions.' 'Whether the written request under cl 4.6 justified variation of the height control under cl 4.3 of Appendix 5 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006.' 'Whether jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979 and relevant environmental planning instruments were satisfied.' "Whether the parties' agreement was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The Court was satisfied that the amended plans, supporting documents, agreed conditions and cl 4.6 written request resolved the planning contentions, satisfied the relevant statutory and environmental planning instrument requirements, and justified the minor height exceedance. Because the parties' agreement was a decision the Court could have made in the proper exercise of its functions, the proceedings had to be disposed of in accordance with that agreement and the development consent granted subject to conditions.

Court Disposition

Clause 4.6 request upheld; appeal upheld; Development Application No. SPP-17-00023 approved subject to conditions; applicant ordered to pay respondent's amendment costs.

Orders

  • ["The Applicant's written clause 4.6 request, filed with Applicant's Notice of Motion dated 24 July 2020, to vary the height control under clause 4.3 of Appendix 5 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 is upheld." 'The appeal is upheld.' 'Development Application No....