Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1358

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1358 Hearing dates: Conciliation conference on 5 August 2020 Date of orders: 12 August 2020 Decision date: 12 August 2020 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders that: (1) The Applicant's written clause 4.6 request to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 in respect of the development on proposed Lot 9, prepared by GNL Planning dated 2 July 2020, is upheld. (2) The appeal is upheld. (3) Development Application No. SPP 17-00024, for the construction of six residential flat buildings with basement car parking on 3 super lots created from a separate subdivision (DA-16-03182), stormwater drainage and landscaping works, on proposed lots 5, 9 and 11 in the re-subdivision of Lot 4 DP1245610, otherwise known as 1086 Richmond Road, Marsden Park, is approved subject to the conditions at in Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Roads Act 1993 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 State Environmental Planning Policy No 55—Remediation of Land Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) D Loether (Solicitor) (Respondent)