Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1628

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2021] NSWLEC 1628 Hearing dates: 17 September 2021 Date of orders: 20 October 2021 Decision date: 20 October 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld (2) Development Application DA-19-01518 seeking consent for Torrens title subdivision to create six lots, tree removal, construction of internal roads and civil works, construction of a residential flat building comprising basement parking, landscaping and associated drainage work on proposed lot 1 at 182 Guntawong Road, Rouse Hill (Lot 47 DP 30186) is approved subject to the conditions of consents annexed at "A". (3) The Exhibits are returned with the exception of Exhibit 1, A, C, L. Catchwords: DEVELOPMENT APPLICATION – Subdivision – residential lots – internal roads and civil work – construction of residential flat building – experts agreed contentions resolved – variation to maximum building height standard – whether issued raised in the public interest warrant refusal of the application – appeal upheld Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 50, 55 Land and Environment Court Act 1979, s 39(6) State Environmental Planning Policy (Sydney Region Growth Centres) 2006, Appendix 12, cll 4.3, 4.6 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development, Sch 1 State Environmental Planning Policy (Infrastructure) 2007, cl 45(1) Cases Cited: Addenbrooke Pty Ltd v Woollahra Municipal Council [2008] NSWLEC 190 Baron Corporation Pty Ltd v Council of the City of Sydney (2019) 243 LGERA 338; [2019] NSWLEC 61 BGP Properties Pty Ltd v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council (2018) 236 LGERA 256; [2018] NSWLEC 118 Randwick City Council v Micaul Holdings Pty Ltd (2016) 225 LGERA 94; [2016] NSWLEC 7 Wehbe v Pittwater Council (2007) 156 LGERA 446; [2007] NSWLEC 827 Texts Cited: Apartment Design Guide Blacktown City Council Growth Centre Precincts Development Control Plan 2010 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) S Berveling (Respondent)