Event and Time
Event Description
- Case Type: Appeal against the deemed refusal of a Development Application (DA) for a residential flat building.
- Location: 305 South Street, Marsden Park, Australia.
- Key Dates:
- Notice of Motion dated 24 July 2020 (4.6 request filed). - Conciliation conference held on 9 September 2020.
Application and Claims
- Applicant: Seeking approval for the construction of four 5-storey residential flat buildings containing 151 apartments, along with basement parking and associated works.
- Main Claim: Request to vary height control under clause 4.3 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006, as the proposed height exceeds the standard by a maximum of 0.3m.
Judicial Decisions
- Ruling Summary:
1. The applicant's written clause 4.6 request for height variation is upheld. 2. The appeal against the Council's deemed refusal is upheld. 3. Development Application SPP-17-00023 is approved with conditions. 4. The applicant is ordered to pay the respondent's legal costs of $8,000 within 28 days.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Arguments:
- The additional height is minor and does not adversely impact the local area or residents. - The design meets the requirements of various environmental planning policies (SEPP 65, SEPP BASIX, SEPP 55, and SEPP Growth). - There are no objectors during the notification, indicating community acceptance. - Claim that compliance with the strict height standard would be unreasonable and unnecessary given the circumstances.
- Respondent (Blacktown City Council) Arguments:
- Concern over the exceedance of the height standard and its implications for local amenity. - Advocated that the development should adhere strictly to the height standard to maintain character and compliance with planning controls.