Universal Property Group v Blacktown City Council [2014] NSWLEC 1222

Universal Property Group v Blacktown City Council [2014] NSWLEC 1222

The Court upheld the appeal by consent because the amended proposal and agreed conditions addressed Council's contentions, complied with relevant development controls, was consistent with the 2(a) zone objectives of LEP 1988, was not antipathetic to the R2 zone objectives of the draft LEP 2013, and the objectors' concerns about density, private open space and traffic had been considered; accordingly it was lawful and appropriate to grant consent.

Jurisdiction
Australia
Judgment Date
31 October 2014
Procedural Posture
Class 1 Development Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. 14 192 / Consent Orders Hearing and Final Orders by Consent
Outcome
By consent, the appeal is upheld.
Legal Topics
['development Consent' 'subdivision' 'integrated Housing Development' 'resident Objectors' 'consent Orders' 'traffic Impacts' 'planning Controls']
['environmental Planning and Assessment' 'development Appeals' 'land and Environment Court Proceedings'] ['development Consent' 'subdivision' 'integrated Housing Development' 'resident Objectors' 'consent Orders' 'traffic Impacts' 'planning Controls']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Appeal Pursuant to S 97 of the Environmental Planning and Assessment Act 1979 Concerning Development Application No. 14 192 / Consent Orders Hearing and Final Orders by Consent

Legal Issues

  1. 1 ['Whether it was lawful and appropriate to grant consent orders approving the amended development application for subdivision into 18 lots and construction of 18 dwellings.' "Whether resident objectors' concerns about dwelling density, private open space and traffic impacts had been properly taken into account." 'Whether the proposal was consistent with the applicable 2(a) zone objectives under Blacktown Local Environment Plan 1988 and not antipathetic to the R2 zone objectives of the draft Blacktown Local Environment Plan 2013.' 'Whether the amended proposal complied with relevant development controls in Blacktown Development Control Plan 2006.']

Ratio Decidendi

The Court upheld the appeal by consent because the amended proposal and agreed conditions addressed Council's contentions, complied with relevant development controls, was consistent with the 2(a) zone objectives of LEP 1988, was not antipathetic to the R2 zone objectives of the draft LEP 2013, and the objectors' concerns about density, private open space and traffic had been considered; accordingly it was lawful and appropriate to grant consent.

Court Disposition

By consent, the appeal is upheld.

Orders

  • ['By consent, the appeal in respect of Lot 204 in DP 1001317, Lot 3 in DP 1013418 and Lots 3 & 4 in DP 1122000 being land known as No. 92-94 Meurants Lane and No. 10 Angel Court, Glenwood, is upheld.' "The Applicant is granted leave to amend the development application and rely upon the amended plans and documents...