Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1420

Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1420

The development as proposed is permissible due to saving provisions; it is consistent with the objectives of the R2 zone under LEP 2015 as it does not have unacceptable amenity or built form impacts and six dwellings could be constructed on the land in an alternative form under the current controls; thus, consent should be granted.

Jurisdiction
Australia
Judgment Date
20 October 2015
Procedural Posture
Class 1 Appeal / Final Judgment
Outcome
Appeal upheld
Legal Topics
['development Applications' 'local Environmental Plans' 'development Control Plans' 'planning Controls' 'savings and Transitional Provisions']
['planning Law'] ['development Applications' 'local Environmental Plans' 'development Control Plans' 'planning Controls' 'savings and Transitional Provisions']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal / Final Judgment

Legal Issues

  1. 1 ['Compliance with planning controls' 'Application of savings provisions under LEP 2015' 'Consistency with zone objectives under LEP 2015' 'Weight to be given to new local environmental plan' 'Site width requirements' 'Amenity impacts']

Ratio Decidendi

The development as proposed is permissible due to saving provisions; it is consistent with the objectives of the R2 zone under LEP 2015 as it does not have unacceptable amenity or built form impacts and six dwellings could be constructed on the land in an alternative form under the current controls; thus, consent should be granted.

Court Disposition

Appeal upheld

Orders

  • ['Development Application DA14 – 1964 for demolition and construction of six dwellings at No 43 Church Street, Riverstone approved subject to conditions of consent in Annexure A.' 'The exhibits, other than exhibits a, B, C, D, E, H and 1, are returned.']