Basemount v Baulkham Hills Shire Council [2004] NSWLEC 13

Land and Environment Court of New South Wales

CITATION : Basemount v Baulkham Hills Shire Council [2004] NSWLEC 13 Basemount Pty Ltd and Gaofind Pty Ltd Applicant PARTIES : Baulkham Hills Shire Council Respondent FILE NUMBER(S) : 11017 and ; 11137 of 2000 CORAM: Roseth SC Development Application :- Consistency of decisions KEY ISSUES: weight given to rrezoning impact on streetscape SEPP 65 LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Roads Act 1993 CASES CITED: DATES OF HEARING: 01/12/03 to 03/12/03 DATE OF JUDGMENT: 01/28/2004

Mr C Leggatt, barrister instructed by Mr J Strati of Avendra Singh Strati & Kam Lawyers LEGAL REPRESENTATIVES: Mr P Tomasetti, barrister Ms S Duggan, barrister instructed by Ms A Hemmings of Corrs Chambers Westgarth

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES 11017 of 2000 11137 of 2000

Roseth SC

28 January 2004 Basemount Pty Ltd and Gaofind Pty Ltd Applicant

v

Baulkham Hills Shire Council Respondent Judgment

Introduction 1 These are appeals against the refusal by Baulkham Hills Shire Council (the council) of two development applications. Appeal No 11017 of 2000 (the Nos 11-13 application) is in respect of an application to erect two residential flat buildings containing 42 dwellings on Nos 11 and 13 Garthowen Crescent, and Nos 292, 294 and 296 Old Northern Road, Castle Hill. Appeal No 11317 of 2000 (the No 9 application) is in respect of an application to erect two residential flat buildings containing 34 dwellings on No 9 Garthowen Crescent and 286A, 288 and 290 Old Northern Road, Castle Hill.