Westminster Projects Pty Ltd v Blacktown City Council [2020] NSWLEC 1471

Westminster Projects Pty Ltd v Blacktown City Council [2020] NSWLEC 1471

Table 4-9 in clause 4.3.4.2 of the BDCP provided additional controls for multi-dwelling housing and did not displace the key solar access control in Table 4-5 of clause 4.2.1. The front open space of townhouses 1 and 12 was not to be counted as principal private open space for solar access compliance, leaving only three of the twelve dwellings compliant. The applicant did not justify variation of the solar access control under clause 1.7.2, and the proposal failed to provide sufficient amenity to future residents. The Court was not satisfied that s 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 was adequately addressed, so the appeal was dismissed and the...

Jurisdiction
Australia
Judgment Date
07 October 2020
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application 19 00496 / Principal Judgment After S 34 Conciliation Was Terminated and the Appeal Proceeded to Hearing
Outcome
Appeal dismissed; Development Application 19-00496 refused.
Legal Topics
['development Application' 'multi Dwelling Housing' 'solar Access' 'principal Private Open Space' 'residential Amenity' 'development Control Plan Variation']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'solar Access' 'principal Private Open Space' 'residential Amenity' 'development Control Plan Variation']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application 19 00496 / Principal Judgment After S 34 Conciliation Was Terminated and the Appeal Proceeded to Hearing

Legal Issues

  1. 1 ['Whether the solar access requirement for principal private open space in Table 4-5 of clause 4.2.1 of the Blacktown City Council Growth Centre Precincts Development Control Plan 2010 applied to the proposed multi-dwelling development.' 'Whether open space at the front of townhouses 1 and 12 should be included as principal private open space for calculating solar access compliance.' 'Whether a variation to the solar access control was justified under clause 1.7.2 of the Blacktown City Council Growth Centre Precincts Development Control Plan 2010.' 'Whether the proposed development was consistent with s 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 so as to warrant development consent.']

Ratio Decidendi

Table 4-9 in clause 4.3.4.2 of the BDCP provided additional controls for multi-dwelling housing and did not displace the key solar access control in Table 4-5 of clause 4.2.1. The front open space of townhouses 1 and 12 was not to be counted as principal private open space for solar access compliance, leaving only three of the twelve dwellings compliant. The applicant did not justify variation of the solar access control under clause 1.7.2, and the proposal failed to provide sufficient amenity to future residents. The Court was not satisfied that s 4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 was adequately addressed, so the appeal was dismissed and the...

Court Disposition

Appeal dismissed; Development Application 19-00496 refused.

Orders

  • ['The appeal is dismissed.' 'Development Application 19-00496 which seeks construction of 12 x 2 storey townhouses on Lot C in DP 100797, also known as 54 Westminster Street, Schofields, is refused.' 'The exhibits are returned, except Exhibits 1, 6, A, B and C which are retained.']