Event and Time
Event Description
This case involved an appeal regarding a Development Application (DA-17-01502) for the construction of two five-storey residential flat buildings containing 90 units at 305 South Street, Marsden Park. The appeal arose from a deemed refusal by Blacktown City Council for the DA, and it was resolved through a conciliation conference held via Microsoft Teams due to COVID-19 arrangements.
Application and Claims
- Applicant: The Bathla Group sought consent for the construction according to the proposed development plans.
- Claims: The applicant requested a variation to the height development standard under clause 4.3 of Appendix 5 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 (SEPP Growth Centres). Specifically, they sought to justify a building height of 16.2 meters instead of the maximum allowable height of 16 meters, citing it was a 1.25% variation.
Judicial Decisions
The Court upheld the appeal and granted the development consent to the amended proposal. It was determined the applicant’s request for a variation to the height standard was well-founded, and the necessary jurisdictional prerequisites had been satisfied.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Argues that the non-compliance with the height standard is minor (1.25% over) and that the proposal meets the objectives of the height standard as defined under SEPP Growth Centres. - Claims that environmental planning grounds justify the proposed height variation.
- Respondent's Position (Blacktown City Council):
- Opposed the height variation citing it did not meet established development standards. - Raised concerns about potential issues of overshadowing or visual amenity.
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