Event and Time
Event Description
- Development Application (DA-18-01556) for a six-storey residential flat building containing 108 apartments, associated works such as basement car parking, access driveways, stormwater drainage, and landscaping submitted by the applicant for the site in Marsden Park was deemed refused by Blacktown City Council.
- Following amendments and a conciliation conference, the parties reached an agreement for the development application to be approved under the Environmental Planning and Assessment Act 1979.
Application and Claims
- The Applicant sought consent for the construction under the applicable environmental planning instruments, specifically targeting compliance with zoning and design principles.
- The Respondent originally opposed elements of the application, likely due to the exceedance of certain planning standards, particularly height regulations and design quality assessments.
Judicial Decisions
- The appeal was upheld, and the application granted with conditions after the parties filed a signed agreement detailing terms.
- Conditions required adherence to the R3 Medium Density Residential zoning and the State Environmental Planning Policy No 65, along with submission of revised plans.
Dispute Points and Legal Basis
Dispute Points
- Applicant’s Claims:
- Argued compliance with the R3 zone objectives. - Provided amended plans addressing initial concerns. - Submitted evidence of design quality and environmental assessments.
- Respondent’s Arguments:
- Originally deemed the application refused based on concerns about compliance with height restrictions and design quality. - Required further clarification on the architectural drawings and conditions of consent.