Fitzsimons v The Hills Shire Council [2021] NSWLEC 1155

Land and Environment Court New South Wales

Medium Neutral Citation: Fitzsimons v The Hills Shire Council [2021] NSWLEC 1155 Hearing dates: 12 March 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The Orders of the Court are: (1) The applicant is granted leave to amend the application to rely on the amended civil engineering plans Revision F. (2) The appeal is dismissed. (3) Development Application No.1228/2020/ZA for subdivision to create two Torrens title lots at 16 Bernadette Place, Baulkham Hills, is refused. (4) The exhibits, other than exhibits 1, A and C, are returned. Catchwords: DEVELOPMENT APPLICATION – Torrens title subdivision – battle-axe handle not able to adequately service two battle-axe lots Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Land and Environment Court Act 1979 s 34 The Hills Development Control Plan 2012 cll 1.2, 4.1 Texts Cited: Australian/New Zealand Standard 2890.1:2004, Parking facilities - Part 1: Off-street car parking The Hills Development Control Plan 2012 The Hills Shire Council, Design Guidelines Subdivision/Developments, (September 2011) Category: Principal judgment Parties: Ian Fitzsimons (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)