Event and Time
Event Description
In this case, a development application (DA-19-01484) was submitted for a mixed-use development including a residential flat building and a childcare center in Marsden Park. The application faced a deemed refusal from the local Council, prompting an appeal to the Land and Environment Court under the Environmental Planning and Assessment Act 1979.
Application and Claims
The applicant sought to construct two six-storey buildings comprising 78 residential units and a childcare facility. The key issue was the applicant's request to vary the height development standard under the State Environmental Policy (Sydney Region Growth Centres) 2006 due to the upcoming construction's height exceeding the prescribed limit.
Judicial Decisions
After a series of proceedings and conciliation conferences, the Court upheld the applicant’s clause 4.6 request to vary the height control and granted approval for the development application subject to specific conditions. This ruling followed an evaluation of the compliance with various environmental planning instruments and assessments.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The request to vary the height standard was justified on the grounds that strict compliance was unnecessary or unreasonable given the development's context. - The development aligns with the objectives of the relevant planning policies and presents sufficient public interest benefits.
- Council's Contention:
- The original height of 21.24m (Building B) and 22.34m (Building A) exceeds the 21.0m limit set forth in the SEPP Growth Centres Precinct Plan. - Concerns about the impact of the proposed height on the surrounding environment and compliance with planning controls.
- Third Parties:
- No submissions were received during the public exhibition period, indicating a lack of external opposition, which played a role in the decision-making process.