Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1346

Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1346

The Court was satisfied that the relevant jurisdictional prerequisites had been addressed, that the cl 4.6 written request justified a minor variation to the height development standard with no adverse amenity, character, State or Regional planning consequences, and that the agreed grant of consent was a decision the Court could have made. Under s 34(3) of the Land and Environment Court Act 1979, the Court therefore disposed of the proceedings in accordance with the parties' agreement by upholding the appeal and approving DA-19-01487 subject to conditions.

Jurisdiction
Australia
Judgment Date
15 June 2021
Procedural Posture
Class 1 Appeal Against the Deemed Refusal of Development Application DA 19 01487 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders
Outcome
Appeal upheld; clause 4.6 request upheld; development application approved subject to conditions.
Legal Topics
['residential Flat Building Development' 'development Application Appeal' 'height Development Standard Variation' 'clause 4.6 Written Request' 'conciliation Agreement' 'state Environmental Planning Policies']
['planning and Environment Law' 'development Consent'] ['residential Flat Building Development' 'development Application Appeal' 'height Development Standard Variation' 'clause 4.6 Written Request' 'conciliation Agreement' 'state Environmental Planning Policies']

Case Brief

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Procedural Posture

Class 1 Appeal Against the Deemed Refusal of Development Application DA 19 01487 Under S 8.7(1) of the Environmental Planning and Assessment Act 1979 / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Parties Reached Agreement and the Court Made Orders

Legal Issues

  1. 1 ['Whether the Court could grant development consent to DA-19-01487 for two six storey residential flat buildings containing 168 apartments with basement parking, drainage and landscaping.' 'Whether the proposed development satisfied relevant jurisdictional prerequisites under SEPP 55, SEPP 65, SEPP BASIX, SEPP Growth Centres and the DCP.' "Whether the applicant's written cl 4.6 request justified variation of the 21 m height development standard in cl 4.3 of Appendix 12 of the SEPP Growth Centres." "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 relevant jurisdictional prerequisites had been addressed, that the cl 4.6 written request justified a minor variation to the height development standard with no adverse amenity, character, State or Regional planning consequences, and that the agreed grant of consent was a decision the Court could have made. Under s 34(3) of the Land and Environment Court Act 1979, the Court therefore disposed of the proceedings in accordance with the parties' agreement by upholding the appeal and approving DA-19-01487 subject to conditions.

Court Disposition

Appeal upheld; clause 4.6 request upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend its development application and to rely upon the plans and documents listed in the orders.' "The Applicant's written clause 4.6 request dated 7 June 2021 to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Policy (Sydney Region Growth...