NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Culars No. 68 Pty Ltd v Baulkham Hills SC [2006] NSWLEC 484
APPLICANT Culars No. 68 Pty Limited PARTIES : RESPONDENT Baulkham Hills Shire Council
FILE NUMBER(S) : 11058 of 2005
CORAM: Hoffman C
KEY ISSUES: Deemed Refusal :- subdivision containing 16 lots, dedication of public road, low density, heritage and environmental character, drainage, boundary control walls, stormwater, signage, traffic, streetscape and landscape.
The Environmental Planning and Assessment Act 1979, The Baulkham Hills Local Environmental Plan 2005, LEGISLATION CITED: Development Control Plan Number 3 Residential, The West Pennant Hills Valley s 94 Contributions Plan Number 2 The New South Wales Threatened Species Conservation Act 1995.
DATES OF HEARING: 16/06/2006 and 26/06/2006
EX TEMPORE JUDGMENT DATE : 07/26/2006
APPLICANT Ms Z. Baker, solicitor of Deacons LEGAL REPRESENTATIVES:
RESPONDENT Mr G. Jones, solicitior of PricewaterhouseCoopers Legal
JUDGMENT:
THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Hoffman C
26 July 2006
11058 of 2005 Culars No. 68 Pty Limited v Baulkham Hills Shire Council
JUDGMENT 1 This is a Class 1 Appeal No. 11058 of 2005 between Cular No. 68 Pty Limited and Baulkham Hills Shire Council in regard to the deemed refusal of a subdivision containing 16 lots on land that has frontage to Oratava Avenue Gottwald Place, Maralinga Place and Timberline Avenue in West Pennant Hills.
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