Event and Time
Event Description
- Nature of the Case: Appeal against the deemed refusal of a development application (DA-18-00159) by Blacktown City Council.
- Context: Proceedings brought under Class 1 jurisdiction of the Environmental Planning and Assessment Act 1979 (‘EPA Act’) regarding residential development at Marsden Park.
- Parties Involved: Applicant (developer), Blacktown City Council (Council).
- Outcome: The Court organized a conciliation conference where the parties reached an agreement on development consent.
Application and Claims
- Application: The developer sought consent for the consolidation of existing lots and the subdivision into 13 "superlots" for residential development including ancillary works.
- Claims:
- Application submitted after amendments accepted by the Court. - Agreement to grant development consent based on the provisions of the Growth Centres SEPP, addressing various jurisdictional requirements.
Judicial Decisions
- The Court upheld the appeal and granted development consent subject to conditions as per the agreed resolution following the conciliation conference on 1 July 2020.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The consolidation and development of the site comply with zoning and density requirements under the Growth Centres SEPP. - Necessary infrastructure is in place or can be provided as needed for the development. - Satisfactory investigation into contamination and compliance with SEPP 55.
- Council's Contentions:
- Scrutiny over the adequacy of submitted reports regarding land contamination. - Potential issues concerning compliance with native vegetation protection and riparian protection.