Event and Time
Event Description
- This case pertains to a Development Application (DA-18-00947) seeking consent for the construction of a residential flat building comprising 150 units in Marsden Park.
- The appeal arose due to a deemed refusal by Blacktown City Council under the Environmental Planning and Assessment Act 1979.
Application and Claims
- Applicant sought construction consent for a six-storey residential flat building.
- The application included basement car parking, access driveways, stormwater drainage, and landscaping.
- The parties participated in a conciliation conference to resolve the issues in contention, leading to agreement on the revised plans.
Judicial Decisions
- The Commissioner accepted the agreed terms during a conciliation conference which resulted in upholding the appeal and granting the development consent subject to specific conditions.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Position:
- Claimed compliance with all relevant planning instruments and standards. - Presented amended plans to address issues previously identified by the Respondent.
- Respondent's Position:
- Initially sought to reject the development application based on perceived errors in the architectural drawings. - Required further consultation to finalize conditions specifying the development's compliance with environmental planning standards.
- Third Party (Transport for NSW):
- No objections raised concerning the application, supporting the Applicant's claims.
- Evidence and Reasoning: