NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Farrugia v The Hills Shire Council [2021] NSWLEC 1259 Hearing dates: 6-7 May 2021, final submissions 12 May 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is dismissed. (2) Development Application No. DA 794/2020/ZA for subdivision creating two residential lots including demolition at Lot 6002 DP 817992 (known as 4 Craigton Place and 122 Gilbert Road Glenhaven) is refused. (3) The exhibits are returned with the exception of Exhibits 2 and A-K. Catchwords: DEVELOPMENT APPLICATION – subdivision – infill development – neighbour amenity – visual impact Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Environmental Planning and Assessment Act 1979, s 8.7 Land and Environment Court Act 1979, s 34AA The Hills Local Environmental Plan 2019, cl 4.1 Cases Cited: New Century Developments Pty limited v Baulkham Hills Shire Council (2003) 127 LGERA 303; [2003] NSWLEC 154 Texts Cited: The Hills Local Development Control Plan 2012 Category: Principal judgment Parties: Fiona Farrugia (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) S Kondilios (Solicitor) (Applicant)
Solicitors: McKees Legal Solutions (Applicant) Hall and Wilcox (Respondent) File Number(s): 2020/337551 Publication restriction: No
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