Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1405

Land and Environment Court New South Wales

Medium Neutral Citation: Universal Property Group Pty Ltd v Blacktown City Council [2019] NSWLEC 1405 Hearing dates: 5-6 August 2019 Date of orders: 30 August 2019 Decision date: 30 August 2019 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The written request to vary the minimum lot standard at cl. 4.1 of Appendix 6 of State Environmental Planning Policy (Sydney Region Growth Centres) 2006 is dismissed. (2) The appeal is dismissed. (3) Development Application DA-18-00175 for the Torrens title subdivision of 7 approved residential lots (proposed lots 31-37 under development consent DA-17-01148) into 51 residential lots ranging from 250m² to 450 m² in size, along with associated civil works at Lot 1 DP 1229304, 116 Cudgegong Road, Rouse Hill is refused (4) The exhibits are returned with the exception of Exhibits 1, A and C. Catchwords: DEVELOPMENT APPLICATION – Residential subdivision – variation to lot size control sought – whether compliance with the control is unreasonable or unnecessary – sufficiency of environmental planning grounds to justify variation – appeal dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Sydney Region Growth Centres) 2006 Land and Environment Court Act 1979 Cases Cited: Baron Corp v City of Sydney [2019] NSW LEC 61 BGP Properties Pty Limited v Lake Macquarie City Council (2004) 138 LGERA 237; [2004] NSWLEC 399 Four2Five Pty Ltd v Ashfield Council [2015] NSWCA 248 Hooker Corporation Pty Limited v Hornsby Shire Council (1986) 130 LGERA 438 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 Legal and General Life Insurance of Australia Limited v North Sydney Municipal Council (1989) 68 LGRA 192 RebelMH Neutral Bay Limited v North Sydney Council [2019] NSWCA 130 The North Shore Gas Co Pty Ltd v North Sydney Municipal Council (Land and Environment Court, Stein, J, 15 September 1986, unrep) Wehbe v Pittwater Council (2007) 156 LGERA 446 Texts Cited: Blacktown City Council Growth Centres Precincts Development Control Plan 2018 Category: Principal judgment Parties: Universal Property Group Pty Ltd (Applicant) Blacktown City Council (Respondent) Representation: Counsel: M Staunton (Applicant) R O'Gorman-Hughes (Respondent)