Integrated Site Design Pty Ltd v Baulkham Hills S C & Dennis Gelle Pty Ltd v Baulkham Hills S C [2004] NSWLEC 346

Land and Environment Court of New South Wales

CITATION : Integrated Site Design Pty Ltd v Baulkham Hills S C & Dennis Gelle Pty Ltd v Baulkham Hills S C [2004] NSWLEC 346 APPLICANTS Integrated Site Design Pty Ltd and Dennis Gelle Pty Ltd PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 11290 & 11291 of 2003 CORAM: Hoffman C KEY ISSUES: Development Application :- riverside tourist facility and caravan park - flood prone area - erection of garages in flood zone - installation of pontoons and gangways on the foreshore - erection of a house in the flood zone. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Baulkham Hills Development Control Plan No.1 Sydney Regional Environmental Plan No. 20 Baulkham Hills Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 11/05/2004-14/05/2004 DATE OF JUDGMENT: 07/09/2004

APPLICANT Ms S Duggan, barrister SOLICITORS Robilliard, Plowoman Herat

LEGAL REPRESENTATIVES: RESPONDNET Mr A Gallasso, barrister SOLICITORS Phillips Fox

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11290 of 2003 and 11291 of 2003 Hoffman C 9 July 2004 Integrated Site Design Pty Ltd Dennis Gelle Pty Ltd Applicants

v Baulkham Hills Shire Council Respondent Judgment

Introduction

1 . This was two class one appeals heard at the same time. Appeal No. 11290 of 2003 is in regard to the refusal of an application to erect the house on Lot 1 DP 512490 River Road and is between Dennis Gelle Pty Ltd and Baulkham Hills Shire Council. The house directly adjoins the tourist facility called the Ko Veda Waterski Park on the banks of the Hawkesbury river at Wiseman's Ferry. Part of the house site is on the ski park land and there is a proposed subdivision to enlarge the existing lot 1 by taking part of the tourist facility land, but the subdivision is not before the Court.