Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1427

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1427 Hearing dates: Conciliation conference on 9 September 2020 Date of orders: 14 September 2020 Decision date: 14 September 2020 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The Applicant's written clause 4.6 request, filed with Applicant's Notice of Motion dated 24 July 2020, to vary the height control under clause 4.3 of Appendix 5 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 is upheld; (2) The appeal is upheld; (3) Development Application No. SPP-17-00023, for the construction of four residential flat buildings containing 151 units including basement car parking, landscaping, fencing and associated drainage works on proposed Lot 5 and Lot 6 approved in the subdivision of land known as 305 South Street, Marsden Park legally described as Lot 30 in DP1246320 (formerly legally described as Lot 30 DP262886) approved under DA16-04983, and consolidation of proposed Lot 5 and 6 into one (1) lot, is approved subject to the conditions at Annexure A; (4) In satisfaction of order 2 of the Court's orders made on 29 July 2020 which required the Applicant to pay the Respondent's costs of amending SPP-17-00023 pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or as assessed, the Applicant is to pay the Respondent's costs in the sum of $8,000 within 28 days of receipt of an invoice from the Respondent. Catchwords: DEVELOPMENT APPLICATION – residential flat buildings – amenity – height standard non-compliance – cl 4.6 written variation request – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Texts Cited: Apartment Design Guide Blacktown City Council Growth Centres Development Control Plan 2018 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: A Johnson (solicitor) (Applicant) P Hudson (solicitor) (Respondent)