Belcrib v Baulkham Hills Shire Council [2006] NSWLEC 216

Land and Environment Court of New South Wales

CITATION : Belcrib v Baulkham Hills Shire Council [2006] NSWLEC 216

Applicant: Belcrib Pty Ltd PARTIES : Respondent: Baulkham Hills Shire Council

FILE NUMBER(S) : 10100 of 2004

CORAM: Roseth SC - Watts C

KEY ISSUES: Development Application :- stabilisation of land

DATES OF HEARING: 05/10/2006, 06/10/2006, 06/02/2006, o7/04/2006, 11/04/2006 and 20/04/2006

DATE OF JUDGMENT: 05/02/2006

Applicant: LEGAL REPRESENTATIVES: Mr G McKee, solictor of McKee Legal Solutions Respondent: Mr C Drury, solicitor of Phillips Fox

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC Watts C

2 May 2004

10100 of 2004 Belcrib Pty Limited v Baulkham Hills Shire Council

JUDGMENT 1 Commissioners: This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the refusal by Baulkham Hills Shire Council (the council) of a development application to erect housing for aged and disabled persons under State Environmental Planning Policy No 5, (SEPP 5), comprising seventy-two (72) dwellings on Lot 1002, DP 1046728 located at the north west corner of Old Northern Road and Old Castle Hill Road, Castle Hill. 2 We visited the site accompanied by the parties on 5 October 2005. In this judgment we conclude that the application should be approved subject to the conditions in Annexure A to the Orders.

The site 3 The site is on the northwest corner of Old Northern Road and Old Castle Hill Road, Castle Hill. It has an area of 8.6 hectares; however, the proposed development would occur within an area of 6 hectares. The land is vacant and has an average grade of 16%. Adjacent to the north are rural residential properties; to the east the Australian Catholic University and Oakhill College; to the west is an approved integrated housing development on a site owned and developed by Mirvac. Further to the northwest is the Castle Hill Heritage Park.