Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1546

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2020] NSWLEC 1546 Hearing dates: Conciliation conference on 19 October, final agreement filed 20 October 2020 Date of orders: 10 November 2020 Decision date: 10 November 2020 Jurisdiction: Class 1 Before: Pullinger AC Decision: The Court orders that: (1) The Applicant's written clause 4.6 request dated 7 September 2020 made under Appendix 5 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 seeking a variation to the development standard for height under clause 4.3, is well founded and upheld. (2) The appeal is upheld. (3) Development Application No. SPP – 17-00022, for the construction of a five-storey residential flat building containing 66 apartments over 2 levels of basement car parking, lot consolidation, landscaping and associated drainage works on proposed Lots 3 and 4 approved in Development Application No. DA-16-04983 on Lot 30 Deposited Plan 1246320 known as 305 South Street, Marsden Park, is approved subject to the conditions of consent set out 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 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 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997) Texts Cited: Apartment Design Guide Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Smith (Applicant) P Hudson (Solicitor) (Respondent)