Topolovec B & A v Baulkham Hills Shire Council [2004] NSWLEC 201

Land and Environment Court of New South Wales

CITATION : Topolovec B & A v Baulkham Hills Shire Council [2004] NSWLEC 201 APPLICANT B & A Topolovec PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 11616 of 2003 CORAM: Tuor C. Development Application :- bulk and scale KEY ISSUES: impact on adjoining neighbour.

LEGISLATION CITED: Baulkham Hills Local Environmental Plan 1991 CASES CITED: DATES OF HEARING: 05/04/2004 EX TEMPORE 04/05/2004 JUDGMENT DATE :

APPLICANT Mr D Wilson, solicitor SOLICITOR Ellis McLachlan Solicitors

LEGAL REPRESENTATIVES: RESPONDENT Mr J Hogan-Doran, solicitor SOLICITOR Coleman & Creig Solicitors

JUDGMENT:

IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

11616 of 2003 Tuor C 5 April 2004

B & I Topolovec Applicant

v Baulkham Hills Shire Council Respondent Judgment

1 . This is an appeal against Baulkham Hills Shire Council's (the council) refusal of a development application to construct a house at 31 Glenhope Road, West Pennant Hills. Council and the applicant agreed to seek consent orders from the Court. I had the advantage of a site visit and heard from residents who objected to the proposal.

2 . The site is zoned 2(b) under Baulkham Hills Local Environmental Plan 1991 (LEP 1991) and dwelling houses are permissible within this zone. The site and the adjoining site at No. 33 are subject to a covenant under s 88B of Conveyancing Act . The covenant limits development on this and the adjoining site to a single storey and arose, as I understand it, out of the approval to subdivide No. 29 Glenhope Road into three allotments.