Event and Time
Event Description
The case involves a development application (DA No. SPP 17-00024) by Universal Property Group Pty Limited, appealing a deemed refusal by Blacktown City Council regarding the construction of six residential flat buildings with basement car parking on three super lots at 1086 Richmond Road, Marsden Park.
Application and Claims
- Applicant (Universal Property Group Pty Limited):
- Requested to vary the height control under clause 4.3 of Appendix 12 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006. - Argued that non-compliance with the 21m height limit was justified due to the design requirements for equitable access to rooftop communal spaces. - Provided documentation and plans to support their application.
- Respondent (Blacktown City Council):
- Deemed refusal of the development application on the grounds of non-compliance with the height control.
Judicial Decisions
The Court decided to uphold the appeal, approve the development application subject to specific conditions, and support the request to vary height controls based on the evidence and agreements from the conciliation conference.
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Dispute Points and Legal Basis
Dispute Points
- Claims by the Applicant:
- The request for a variation of the height control was grounded in practical design needs and public interest considerations. - Satisfied environmental and planning grounds to justify the exceedance of height limits. - Evidence included a BASIX certificate and a Detailed Contamination Site Investigation Report confirming the suitability of the site for residential development.
- Arguments from the Respondent: