Mirvac Homes v Baulkham Hills Shire Council [2004] NSWLEC 460

Land and Environment Court of New South Wales

CITATION : Mirvac Homes v Baulkham Hills Shire Council [2004] NSWLEC 460 revised - 10/09/2004 APPLICANT: Mirvac Homes (NSW) Pty Ltd PARTIES : RESPONDENT: Baulkham Hills Shire Council FILE NUMBER(S) : 10397 of 2004 CORAM: Roseth SC KEY ISSUES: Development Application - Subdivision :- appeal against conditions minimum allotment size LEGISLATION CITED: CASES CITED: DATES OF HEARING: 19/08/2004 DATE OF JUDGMENT: 08/31/2004

Mr J Bingham, solicitor Deacons LEGAL REPRESENTATIVES: Mr C Drury, solicitor Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

31 August 2004

10397 of 2004 Mirvac Homes (NSW) Pty Ltd v Baulkham Hills Shire Council

JUDGMENT 1 SENIOR COMMISSIONER: This is an appeal against conditions of a development consent, issued by Baulkham Hills Shire Council (the council) for an environmentally integrated housing project containing 64 dwellings on lot 1001 DP 1046728 and part of lot 1002 DP 1046728, Old Castle Hill Road, Castle Hill. 2 The appeal is against Deferred Commencement Conditions A1(i) and A1(ii), and Conditions 23 and 38.

The site and proposal 3 The site is irregular in shape, bordered by Old Castle Hill Road to the south and Heritage Park Drive to the west. To the north the site adjoins the Castle Hill Heritage Park. 4 The applicant proposes to erect a housing project containing 64 detached dwellings on allotments varying in size from 406 to 910m2. The proposed lots are to be created under the Community Land Management Act. The project is divided into three stages, ie o Stage 1 will comprise 25 dwellings o Stage 2 will comprise 17 dwellings o Stage 3 will comprise 22 dwellings