NSW Caselaw
Land and Environment Court of New South Wales
CITATION : AVK Pty Ltd v Baulkham Hills Shire Council [2004] NSWLEC 368 revised - 29/07/2004 APPLICANT AVK Pty Ltd PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10418 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- For 51 apartments and 44 townhouses - bulk height scale and density of proposal - character of area - draft plan to prohibit apartments - landscaped area - solar access - and impact on adjoining residential area - internal amenity State Environmental Planning Policy No. 65 - Urban Design LEGISLATION CITED: Baulkham Hills Local Environmental Plan 1991 Baulkham Hills Development Control Plan No. 23 - Apartment Buildings Baulkham Hills Development Control Plan No. 4 - Townhouses CASES CITED: Ervin Mahrer and Partners v Strathfield Municipal Council (No 2) (2001) NSWLEC140 DATES OF HEARING: 22, 23 and 24/09/2003, and 15, 16 and 18/03/2004 Mentions - 16/10/2003 and 10/12/2003 (Documentation on solar access received 21/04/2004) DATE OF JUDGMENT: 07/23/2004
APPLICANT Ms H Irish, barrister Instructed by: B T Goldsmith Planning Services LEGAL REPRESENTATIVES: RESPONDENT Mr G Miller QC, Instructed by: PricewaterhouseCoopers Legal
JUDGMENT: -
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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