UPG 137 Pty Ltd v Blacktown City Council [2023] NSWLEC 1410

UPG 137 Pty Ltd v Blacktown City Council [2023] NSWLEC 1410

With all jurisdictional and merit assessment requirements met, and agreement between parties on conditions, the appeal is upheld and consent granted to the amended development application, subject to conditions.

Parties
Applicant: UPG 137 Pty Ltd; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
01 August 2023
Procedural Posture
Appeal Against Deemed Refusal of Development Application / Final Determination Following Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions; applicant to pay Council's costs of $1500 for amendments.
Legal Topics
Development Application, Subdivision, Conciliation Conference, Costs
Environmental and Planning Law Development Application Subdivision Conciliation Conference Costs

Case Brief

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Parties

UPG 137 Pty Ltd

Applicant

Blacktown City Council

Respondent

Procedural Posture

Appeal Against Deemed Refusal of Development Application / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 Whether amended Development Application DA-22-00558 satisfies relevant planning controls and statutory requirements for consent
  2. 2 Whether jurisdictional prerequisites for grant of consent are met under Environmental Planning and Assessment Act 1979 and related policies

Ratio Decidendi

With all jurisdictional and merit assessment requirements met, and agreement between parties on conditions, the appeal is upheld and consent granted to the amended development application, subject to conditions.

Court Disposition

Appeal upheld; development application approved with conditions; applicant to pay Council's costs of $1500 for amendments.

Orders

  • The appeal is upheld.
  • Development Application DA-22-00558, as amended, is approved and consent is granted subject to the conditions in Annexure A.