Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1611

Universal Property Group Pty Ltd v Penrith City Council [2017] NSWLEC 1611

The Court accepted the justification for the minor height exceedance under cl 4.6 of the LEP and was satisfied that the amended plans resolved council's and residents' contentions. Subject to agreed conditions, the development was compatible with planning objectives, design quality requirements, and would not result in unacceptable impacts.

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Appeal (class 1: Development Application) / Final Judgment
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'height Controls' 'residential Flat Buildings' 'local Environmental Plan' 'apartment Design Guide' 'urban Design' 'resident Objections']
['planning and Environment Law'] ['development Application' 'height Controls' 'residential Flat Buildings' 'local Environmental Plan' 'apartment Design Guide' 'urban Design' 'resident Objections']

Case Brief

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Procedural Posture

Appeal (class 1: Development Application) / Final Judgment

Legal Issues

  1. 1 ['Whether the proposed development complies with applicable planning instruments and controls' 'Whether the height exceedance is justifiable under cl 4.6 variation' 'Whether resident objections warrant refusal of the application']

Ratio Decidendi

The Court accepted the justification for the minor height exceedance under cl 4.6 of the LEP and was satisfied that the amended plans resolved council's and residents' contentions. Subject to agreed conditions, the development was compatible with planning objectives, design quality requirements, and would not result in unacceptable impacts.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 16/0789 for subdivision and construction of three residential flat buildings with associated basement car parking, drainage and landscaping works at 16 Chapman Street Werrington is approved subject to the conditions in Annexure A.' 'The exhibits are retained with...