Universal Property Group v Blacktown City Council [2016] NSWLEC 1623

Universal Property Group v Blacktown City Council [2016] NSWLEC 1623

The amended development was permissible under the saved 1988 LEP controls, the Council's contentions had been resolved by amended plans, the proposed VPA and conditions, and the expert evidence did not support refusal on amenity, traffic, parking, biodiversity or waste grounds. The cul de sac road layout was...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 December 2016
Procedural Posture
Class 1 Appeal Under Section 97(1)(b) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Final Determination After Hearing of Amended Development Application
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['medium Density Housing Development' 'integrated Development' 'riparian Corridor Drainage Works' 'general Terms of Approval' 'voluntary Planning Agreement' 'resident Objections' 'traffic and Parking' 'biodiversity Impacts' 'savings Provisions']
['planning and Environment Law' 'development Assessment' 'land and Environment Court Appeals'] ['medium Density Housing Development' 'integrated Development' 'riparian Corridor Drainage Works' 'general Terms of Approval' 'voluntary Planning Agreement' 'resident Objections' 'traffic and Parking' 'biodiversity Impacts' 'savings Provisions']

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Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Under Section 97(1)(b) of the Environmental Planning and Assessment Act 1979 Against the Deemed Refusal of a Development Application / Final Determination After Hearing of Amended Development Application

Legal Issues

  1. 1 ["Whether development application 14/2630, as amended, for medium density housing should be approved despite the Council's deemed refusal." 'Whether resident objections concerning cul de sac extensions, traffic, parking, waste collection, fill, pedestrian access and neighbourhood amenity warranted refusal.' 'Whether the proposed environmental measures, including the Snail Reserve, riparian reserve revegetation and tree planting, adequately addressed biodiversity and tree loss concerns.' 'Whether drainage basin floors in the riparian corridor should be approved in the concrete form sought by the Council despite WaterNSW general terms of approval requiring soil and rock construction.' 'Whether a Voluntary Planning Agreement should be required as a deferred commencement condition.']

Ratio Decidendi

The amended development was permissible under the saved 1988 LEP controls, the Council's contentions had been resolved by amended plans, the proposed VPA and conditions, and the expert evidence did not support refusal on amenity, traffic, parking, biodiversity or waste grounds. The cul de sac road layout was consistent with the DCP road pattern and was an appropriate design and traffic distribution outcome, parking complied with DCP requirements, and the development would provide environmental enhancements. The Court accepted the Council's evidence that concrete drainage basin floors were appropriate for maintenance and imposed that condition under s39(6A) of the Land and Environment...

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development application 14/2630 for a medium density housing development at 490 Quakers Hill Parkway, Quakers Hill is approved subject to the conditions set out in Annexure "A".' 'The exhibits, other than Exhibits 1, A, B and C, are returned.']