Universal Property Group Pty Limited v Blacktown City Council [2012] NSWLEC 1271

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Limited v Blacktown City Council [2012] NSWLEC 1271 Hearing dates: 14.09.2012; 28.09.2012 Decision date: 28 September 2012 Jurisdiction: Class 1 Before: Fakes C Decision: 1. Appeal upheld 2. Development application DA-11-437 for a medium density residential development on Lot 2 in DP 1138981 and Lot 136 in DP 39285 being 39 Newhaven Avenue and 22 Sutton Street Blacktown is approved subject to conditions. Catchwords: DEVELOPMENT APPLICATION: medium density housing development; waste management; landscaping and amenity Legislation Cited: Environmental Planning & Assessment Act 1979 Blacktown Local Environmental Plan 1988 Category: Principal judgment Parties: Universal Property Group Pty Limited (Applicant) Blacktown City Council (Respondent) Representation: Mr I Hemmings, Barrister (Applicant) Mr M Seymour, Barrister (Respondent) Hunt & Hunt (Applicant) Bartier Perry (Respondent) File Number(s): 10542 of 2012

Judgment This decision was given as an extemporaneous decision. 1COMMISSIONER:This is appeal made under s 97(1) of the Environmental Planning & Assessment Act 1979 (the Act) against Blacktown City Council's deemed refusal of Development Application DA-11-437 for a medium density residential development on Lot 2 in DP 1138981 and Lot 136 in DP 39285 being 39 Newhaven Avenue and 22 Sutton Street, Blacktown. 2The proposed development includes: * Demolition of existing structures and trees; * Boundary adjustment; * Villa development comprising 14 single storey detached townhouses, garages, associated landscaping and visitor parking; and * One-way vehicular access from Newhaven Avenue into the site and one-way egress from the site to Sutton Street.