Event and Time
Event Description
- Case Title: Development Application No. SPP-17-00022
- Location: 305 South Street, Marsden Park
- Date of Agreement: 19 October 2020
- Legislation: Environmental Planning and Assessment Act 1979 (EPA Act), Land and Environment Court Act 1979 (LEC Act)
- Context: The case involves a Class 1 appeal against a deemed refusal by Blacktown City Council for a development application to construct residential units.
Application and Claims
- The Applicant sought development consent for a five-storey residential flat building (66 apartments) over two levels of basement car parking.
- The application requested a variation to clause 4.3 of the State Environmental Planning Policy (Sydney Region Growth Centres) 2006 regarding maximum building height.
- The appeal was based on a claim that the non-compliance with the height standard (16.45 meters instead of 16 meters) was justified under clause 4.6 due to specific circumstances.
Judicial Decisions
- The Court upheld the Applicant's appeal and approved the development application, affirming that the variation to the height standard was justified and in the public interest.
Dispute Points and Legal Basis
Dispute Points
- Applicant's Claims:
- The individual circumstances justified the height variation. - The amended proposal achieved the objectives of the height development standard despite the minor exceedance. - Evidence included planning reports and assessments indicating compliance with other relevant planning policies and standards.
- Respondent's Arguments:
- Concerns about non-compliance with height standards and potential impacts on the surrounding environment. - Objectors raised issues pertaining to the bulk and scale of the development.