Universal Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1040

Universal Property Group Pty Ltd v Penrith City Council [2020] NSWLEC 1040

The written cl 4.6 request did not adequately address or justify the contravention of the minimum lot size development standard with sufficient environmental planning grounds as required by the planning instrument and relevant case law. As a result, the Court was precluded from granting development consent and the appeal was dismissed.

Parties
Applicant: Universal Property Group Pty Ltd; Respondent: Penrith City Council
Jurisdiction
Australia
Judgment Date
28 January 2020
Procedural Posture
Appeal (class 1 Development Application) / Final Judgment
Outcome
Appeal dismissed; development application refused
Legal Topics
Development Applications, Subdivision, Minimum Lot Size, Endangered Ecological Communities, Environmental Planning Instruments, Clause 4.6 Requests
Planning and Environment Development Applications Subdivision Minimum Lot Size Endangered Ecological Communities Environmental Planning Instruments Clause 4.6 Requests

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Parties

Universal Property Group Pty Ltd

Applicant

Penrith City Council

Respondent

Procedural Posture

Appeal (class 1 Development Application) / Final Judgment

Legal Issues

  1. 1 Whether the proposed development is consistent with the objectives of the zone and the minimum subdivision lot size development standard
  2. 2 Whether the request under cl 4.6 of PLEP 2010 adequately justifies the contravention of the development standard
  3. 3 Whether the removal of Cumberland Plain Woodland is acceptable under relevant planning controls

Ratio Decidendi

The written cl 4.6 request did not adequately address or justify the contravention of the minimum lot size development standard with sufficient environmental planning grounds as required by the planning instrument and relevant case law. As a result, the Court was precluded from granting development consent and the appeal was dismissed.

Court Disposition

Appeal dismissed; development application refused

Orders

  • The appeal is dismissed.
  • The development application for a 5-lot subdivision and construction of a dwelling on each subdivided lot at 264-270 Mount Vernon Road, Mount Vernon is refused.