North Western Surveys v Baulkham Hills Shire Council [2005] NSWLEC 666

Land and Environment Court of New South Wales

CITATION : North Western Surveys v Baulkham Hills Shire Council [2005] NSWLEC 666

APPLICANT North Western Surveys Pty Limited

PARTIES : RESPONDENT Baulkham Hills Shire Council

FILE NUMBER(S) : 10214 of 2005

CORAM: Brown C

KEY ISSUES: Subdivision :- impact on heritage item

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Baulkham Hills Local Environmental Plan 2005 Baulkham Hills Local Environmental Plan 1991

DATES OF HEARING: 7-8/11/2005

DATE OF JUDGMENT: 12/23/2005

EX TEMPORE JUDGMENT DATE : 11/08/2005

APPLICANT Ms H Irish, barrister

LEGAL REPRESENTATIVES: RESPONDENT Mr N Howie, solicitor SOLICITORS Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Brown C

23 December 2005

10214 of 2005 North Western Surveys Pty Limited v Baulkham Hills Shire Council

JUDGMENT

1 COMMISSIONER: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the determination of DA1911/2004/ZA by Baulkham Hills Shire Council (the council) for the subdivision of Lot 715 in DP1074014 being 58-68 Wrights Road (formerly 42 Wrights Road, Kellyville) (the site).

2 The appeal relates to the imposition of conditions on an approval granted on 14 December 2004 by the council. The conditions in dispute are Conditions 6, 10, 20, 26, 41 and 42. Relevant planning controls 3 The site is zoned Residential 2(a) under Baulkham Hills Local Environmental Plan 2005 (LEP 2005) although the application was lodged under Baulkham Hills Local Environmental Plan 1991.