Graham Developers Pty Ltd v Blacktown City Council [2021] NSWLEC 1142

Land and Environment Court New South Wales

Medium Neutral Citation: Graham Developers Pty Ltd v Blacktown City Council [2021] NSWLEC 1142 Hearing dates: 9-10 March 2021 Date of orders: 22 April 2021 Decision date: 23 March 2021 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) The Applicant's written request, prepared in accordance with cl 4.6 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, to contravene the height of building development standard at cl 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, is upheld. (2) The appeal is upheld. (3) Development consent is granted to Development Application SPP-17-00051 for the demolition of existing structures, subdivision to create 3 development lots and 1 lot for roads, construction of new public roads, 3 residential flat buildings consisting of 148 apartments, 256 basement car parking spaces (as amended) and associated drainage works and landscaping at 217 Grange Avenue, Marsden Park, subject to conditions of consent at Annexure 'A'. (4) All exhibits are returned, except for Exhibits A, C, D, E and K. Catchwords: DEVELOPMENT APPLICATION – subdivision – new road construction – residential apartment development – stormwater drainage – height of buildings development standard – minimum lot size development standard – clause 4.6 written request Legislation Cited: Architects Act 2003 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cll 3, 50 National Parks and Wildlife Act 1974 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cll 4.1AB, 4.3, 4.6 State Environmental Planning Policy No 55 – Remediation of Land State Environmental Planning Policy No 65 – Design Quality of Residential Apartment Development, cl 28 Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Weal v Bathurst City Council (2000) 111 LGERA 181; [2000] NSWCA 88 Young v Gosford City Council (2001) 120 LGERA 243; [2001] NSWLEC 191 Texts Cited: Apartment Design Guide Category: Principal judgment Parties: Graham Developers Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: S Berveling (Applicant) D Loether (Solicitor) (Respondent)