Universal Property Group v Blacktown City Council [2014] NSWLEC 1105

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group v Blacktown City Council [2014] NSWLEC 1105 Hearing dates: 4 February 2014, 26-27 May 2014 Decision date: 11 June 2014 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld subject to conditions see [93] Catchwords: DEVELOPMENT APPLICATION: Medium density housing; tree loss; drainage and flooding; public benefit Legislation Cited: Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988 Cases Cited: Hill v Blacktown City Council [2007] NSWLEC 401 Hill v Blacktown City Council and the Minister Administering the EPA Act 1979, Pluijmers v Blacktown City Council and the Minister Administering the EPA Act 1979 [2008] NSWLEC 203 Category: Principal judgment Parties: Universal Property Group (Applicant) Blacktown City Council (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr J Lazarus (Barrister) Applicant: Hunt & Hunt Respondent: Bartier Perry File Number(s): 10853 of 2013

Judgment 1COMMISSIONER: The applicant appeals Blacktown City Council's deemed refusal of Development Application DA 13/1735 for the proposed construction of 11 dwellings and associated works in a medium density development on Lot E in DP 29979, otherwise known as 91 Newton Road, Blacktown. 2The appeal is made pursuant to s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (the Act).

The proposal, site and locality 3The proposal is for 11 three to five bedroom townhouses, with garages, visitor parking spaces, landscaping, driveways, common open space and a single access point to and from Newton Road. 4The site is an irregular shape of 3952m2. There is a wide access handle off Newton Road and the site opens to a large rectangular block between residential properties to the south, east and west, and a community facility with open space to the north. The surrounding residential area is characterised primarily by older single storey fibro dwellings on large blocks with a mixture of newer single storey dwellings and townhouses. The nearest cross-streets are Meroo Street to the east and Walters Road to the west. 5There is single storey dwelling with associated outbuildings on 91 Newton Road. The remainder of the site is heavily to moderately vegetated with a mixture of native/ remnant trees and an overgrown garden of a range of exotic trees and shrubs. There are some open areas of grass and weeds of a mixture of species. 6The land slopes gently to the east to an overland flow path on the eastern portion of the site and along the eastern boundary. This flow path is part of the Heart Place trunk drainage system, which arises as a tributary of Breakfast Creek. The land is currently zoned for residential purposes and is mapped by council as comprising part low, part medium and part no flood risk precincts.