Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1104

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1104 Hearing dates: Conciliation conference on 22 February 2021 Date of orders: 26 February 2021 Decision date: 26 February 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. DA-19-01298, as amended, for the demolition of an existing dwelling and associated outbuildings, removal of existing vegetation and trees, Torrens title subdivision into 2 lots, construction of a new 72 unit residential flat building with basement car parking, communal open space and public landscaping on proposed Lot 1 and stormwater drainage on Lot 5 in Deposited Plan 1206952 otherwise known as 137 South Street Marsden Park NSW 2765is approved subject to the conditions included at Annexure "A". Catchwords: DEVELOPMENT APPEAL – residential flat building – 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 (Sydney Regional Growth Centres) 2006 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 Sydney Regional Environmental Plan No 20— Hawkesbury-Nepean River (No 1—1997) Texts Cited: Apartment Design Guide Marsden Park Industrial Precinct Plan Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) D Loether (Solicitor) (Respondent)