Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1508

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1508 Hearing dates: Conciliation conference on 10 June 2021 and 20 August 2021 Date of orders: 1 September 2021 Decision date: 01 September 2021 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The Council, as the relevant consent authority has agreed, pursuant to cl 55 of the Environment Planning and Assessment Regulation 2000, to amend Development Application DA-19-01484, with the amended plans and documents uploaded on the NSW Planning Portal on 11 August 2021, and filed with the Court on 26 May 2021, 9 June 2021, 12 July 2021 and 12 August 2021. (2) The Applicant's written clause 4.6 request prepared by Think Planners dated 8 July 2021 to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Policy (Sydney Region Growth Centres) 2006 is upheld. (3) The appeal is upheld. (4) Development Application No. DA-19-01484 (as amended), for the construction of a 6 storey mixed use building (Block A) and a 6 storey residential flat building (Block B) comprising 78 residential units, basement car parking for 159 vehicles, a ground floor centre based child care facility in Block A, signage, stormwater works and landscaping on proposed Lot 8 as approved in DA 18-00159 on Lot 20 and Lot 21 in DP 1191512 and Lot 8 in DP 1245610, known as 1032 Richmond Road, Marsden Park & 232 Grange Avenue, Marsden Park, is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – mixed use development – residential flat building – child care centre – cl 4.6 request to vary height standard – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 7.23, 8.7 Environmental Planning and Assessment Regulation 2000, cll 50, 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23 State Environmental Planning Policy (Infrastructure) 2007, cl 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, cll 28, 30 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 12 cll 4.3, 4.6, 6.1 Sydney Regional Environmental Plan No 20—Hawkesbury-Nepean River (No 2—1997), cl 4 Texts Cited: Apartment Design Guide NSW Department of Planning and Environment, Childcare Planning Guideline, (August 2017) Land and Environment Court of NSW, COVID-19 Pandemic Arrangements Policy, (April 2021) Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J McKelvey (Applicant) J Fan (Solicitor) (Respondent)