UPG 309 Pty Ltd v Blacktown City Council [2023] NSWLEC 1538

Land and Environment Court New South Wales

Medium Neutral Citation: UPG 309 Pty Ltd v Blacktown City Council [2023] NSWLEC 1538 Hearing dates: Conciliation conference on 7 September 2023 Date of orders: 19 September 2023 Decision date: 19 September 2023 Jurisdiction: Class 1 Before: Horton C Decision: The Court orders that: (1) Leave is granted for the Applicant to amend Development Application No. DA-22-00600 and to rely upon the documents listed in Annexure A. (2) The written request dated 6 September 2023 prepared by The Bathla Group to vary clause 4.3(2) of Blacktown's Local Environmental Plan 2015 is upheld. (3) The appeal is upheld. (4) Development Application No. DA-22-00600, as amended, for the demolition of existing structures, consolidation of lots and construction of a 7-storey residential flat building with two (2) basement levels and a rooftop communal space, comprising of 47 units and 96 car parking spaces, with associated landscaping and civil works on land legally described as Lot 9, 10 and 11 in DP28045 and known as 15, 17 and 19 Durham Street, Mount Druitt, is determined by the grant of development consent subject to the conditions at Annexure B. Catchwords: DEVELOPMENT APPLICATION – residential flat building within R4 High Density Residential zone – residential apartment development – conciliation conference – agreement between parties – orders Legislation Cited: Architects Act 2003 Blacktown Local Environmental Plan 2015, cll 4.3, 4.6, 7.5, 7.7 Environmental Planning and Assessment Act 1979, ss 1.3,4.15, 4.16, 8.7, 4.17 Environmental Planning and Assessment Regulation 2021, ss 3, 29, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity Conservation) 2021, Chs 2, 9, ss 9.4, 9.5 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy Amendment (Water Catchments) 2022 State Environmental Planning Policy No. 65 – Design Quality of Residential Apartment Development, cll 28, 30 Texts Cited: NSW Department of Planning and Environment, Apartment Design Guide, July 2015 Category: Principal judgment Parties: UPG 309 Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: J Reid (Applicant) M Fozzard (Respondent)