Event and Time
Event Description
- Case Title: Development Application DA-18-02226
- Location: Lot 7, No. 234 Grange Avenue, Marsden Park
- Date of Events:
- Appeal initiation on provisions of the Environmental Planning and Assessment Act 1979 - Conciliation conference held on 10 December 2020 - Agreement filed with the Court on 14 December 2020
Application and Claims
- The Applicant sought consent for a six-storey residential flat building comprising 96 apartments, along with associated works such as parking, driveways, drainage, and landscaping.
- Blacktown City Council's initial deemed refusal triggered the appeal process under the EPA Act.
Judicial Decisions
- Following conciliation, the Court approved the appeal, granting development consent subject to proposed conditions.
- The parties agreed to terms that satisfy environmental planning instruments and other regulatory requirements.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Sought approval based on compliance with the Blacktown Growth Centres Precinct Plan 2013 and other relevant state environmental planning policies. - Included requisite site investigations and architectural plans providing adequate detail for approval.
- Respondent's Position:
- Initially opposed the application, citing concerns over architectural errors, compliance with planning standards, and the need for further expert assessments. - Desired further review of proposed conditions of consent before a final determination.
- Third Parties (if applicable):
- Discussions were largely between the applicant and the respondent, with experts contributing to resolve points of contention.