Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1420

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2015] NSWLEC 1420 Hearing dates: 15-16 October 2015 Date of orders: 20 October 2015 Decision date: 20 October 2015 Jurisdiction: Class 1 Before: Morris Decision: Appeal upheld Catchwords: Development application: multi-unit housing; compliance with planning controls; weight to be given to new LEP Legislation Cited: Blacktown Local Environmental Plan 2015; Blacktown Local Environmental Plan 1988; State Environmental Planning Policy (Exempt and Complying Development Codes) 2008; Environmental Planning and Assessment Act 1979 Cases Cited: Terrace Tower Holdings Pty Ltd v Sutherland Shire Council [2003] NSWCA 289; Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Texts Cited: Blacktown Development Control Plan 2006 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Ms E Fleming, Lander & Company (Applicant) Mr D Loether, Bartier Perry (Respondent) File Number(s): 10071 of 2015

Judgment 1. Universal Property Group Pty Ltd (UPG) lodged Development Application DA14 – 1964 with Blacktown City Council on 8 October 2014 seeking consent to construct six dwellings at No 43 Church Street, Riverstone. Consent was refused on to January 2015 and UPG is appealing that decision. 2. The main issues in the case are whether the development complies with the council's planning controls and the weight to be given to be provisions of Blacktown Local Environmental Plan 2015 which is now in force.