Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1064

Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1064

The Court upheld the appeal and granted development consent because the agreed variation to the building height was justified, in the public interest, and consistent with planning objectives, and all statutory requirements were met.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
08 February 2019
Procedural Posture
Development Application Appeal (class 1) / Final Orders After Conciliation Conference Following Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Consent, Residential Flat Buildings, Variation of Development Standard, Conciliation Conference, Statutory Requirements
Planning and Environment Law Development Consent Residential Flat Buildings Variation of Development Standard Conciliation Conference Statutory Requirements

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Parties

Universal Property Group Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Application Appeal (class 1) / Final Orders After Conciliation Conference Following Agreement Between the Parties

Legal Issues

  1. 1 Whether development consent should be granted for amended application involving six residential flat buildings
  2. 2 Whether exceedance of height control under SEPP Growth Centres is justified by cl 4.6 written request
  3. 3 Whether architectural roof features exceeding height standard are permissible

Ratio Decidendi

The Court upheld the appeal and granted development consent because the agreed variation to the building height was justified, in the public interest, and consistent with planning objectives, and all statutory requirements were met.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • Applicant granted leave to rely on amended clause 4.6 request
  • Applicant's cl 4.6 variation request for building height standard is upheld