Event and Time
Event Description
An appeal was filed against the deemed refusal of a development application (DA-02225) by Blacktown City Council for the construction of a six-storey residential flat building containing 93 apartments in Marsden Park.
Application and Claims
- The applicant sought consent for the residential development which included 93 apartments and associated works (basement parking, access, stormwater drainage, and landscaping).
- The application was subject to multiple planning instruments including the Environmental Planning and Assessment Act 1979 and the Local Environmental Plan.
Judicial Decisions
- The Commissioner granted an appeal, approving the development application subject to conditions after a conciliation conference where parties reached an agreement.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- Compliance with R3 Medium Density Residential zone objectives. - Justification for building height exceedance, deemed architectural feature. - Satisfaction of environmental planning instruments requirements.
- Respondent's Arguments:
- Emphasized the need for strict adherence to planning provisions. - Initial concerns regarding building height and architectural compliance. - Issues with architectural drawings leading to adjournment for corrections.
- Third Parties:
- Not applicable in this case as the dispute was between the applicant and the local council.