Grand Ideas Pty Ltd v Baulkham Hills Shire Council [2006] NSWLEC 452

Land and Environment Court of New South Wales

CITATION : Grand Ideas Pty Ltd v Baulkham Hills Shire Council [2006] NSWLEC 452

APPLICANT Grand Ideas Pty Ltd PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10503 of 2005

CORAM: Hussey C

KEY ISSUES: Development Application :- Townhouses, flooding/overland flow path, amenity, solar access

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Baulkham Hills Local Environmental Plan 1991 Baulkham Hills Local Environmental Plan 2005 Development Control Plan No. 4 - Town Houses

DATES OF HEARING: 03-04/07/2006

DATE OF JUDGMENT: 07/31/2006

APPLICANT Mr A Thompson, barrister

LEGAL REPRESENTATIVES: RESPONDENT Ms J Wauchope, solicitor, SOLICITORS Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Hussey C

31 July 2006

10503 of 2005 Grand Ideas Pty Ltd v Baulkham Hill Shire Council

JUDGMENT Background 1 This appeal was lodged against council's refusal of a development application for the demolition of 2 existing dwellings and construction of 5 townhouses on a flood affected site at Castle Hill. For the appeal, a number of issues were identified which for convenience can be summarised as follows: o Flooding: whether the development should be approved having regard to its flood affectation impacts on the locality and surrounding properties, o Amenity impacts: concerning solar access to the units and utility of courtyard areas, o Tree protection: impact of drainage works on an existing white cedar tree. The site 2 The site incorporates Nos. 56 and 58 Castle Street, Castle Hill, (Lots 4 & 5 DP 27586). It is located on the northern corner of the intersection of Castle Street and Carramar Road. It has a frontage of 38.99 m to Castle Street and 45.72 m to Carramar Road. The total area of the site is 1776 sq m.