Event and Time
Event Description
A case was brought before the Land and Environment Court of New South Wales concerning the appeal against the deemed refusal by Blacktown City Council for Development Application DA-18-02121. The application sought consent for a six-storey residential flat building with 108 apartments at Marsden Park.
Application and Claims
- Applicant: Seeks consent for the construction of a residential building, representing a major development.
- Respondent: Blacktown City Council, which initially refused the application due to a perceived breach of development standards, particularly regarding height restrictions.
Judicial Decisions
- The Court acknowledged prior amendments by the Applicant that resolved many contentions.
- After a conciliation conference, the parties reached an agreement to grant development consent subject to conditions, supported by relevant environmental planning instruments.
Dispute Points and Legal Basis
Dispute Points
- Height of Buildings: The development exceeds the maximum height of 21 meters by a maximum of 820mm for the parapet and 1,432mm for two pergola structures.
- Applicant's Argument: The breach is minor and complies with the underlying objectives of the height standard. The breach is visually imperceptible and does not adversely affect nearby properties. - Respondent's Argument: The development may breach council regulations concerning building height, which could impact community amenity and environmental planning.
- Design Quality: Whether the proposed development satisfied the design quality principles set out in SEPP 65.
- Applicant's Evidence: Provided architectural plans and statements demonstrating compliance with design principles and satisfaction of SEPP requirements. - : Initial requests lacked sufficient evidence supporting design quality claims.