Austcorp No 459 Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 57

Land and Environment Court of New South Wales

CITATION : Austcorp No 459 Pty Limited v Baulkham Hills Shire Council [2004] NSWLEC 57 APPLICANT Austcorp No 459 Pty Limited PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10463 of 2003 CORAM: Watts C - Bly C Development Application :- Privacy Over-development of site KEY ISSUES: User safety Assessibility Termite protection

Baulkham Hills Local Environmental Plan 1991, (BHLEP) LEGISLATION CITED: Environmental Planning and Assessment Act 1979; (EPA Act) ss 79C, 97 Disability Discrimination Act 1992 (Cth) CASES CITED: DATES OF HEARING: 18, 20, 21 and 29 August 2003 and 8, 9 and 10 December 2003 DATE OF JUDGMENT: 02/17/2004

APPLICANT Mr M G Craig, QC, barrister instructed by Mr R Wilcher, solicitor of Baker & McKenzie

LEGAL REPRESENTATIVES: RESPONDENT Mr P J McEwen, SC, barrister instructed by Mr D Baird, solicitor of Maddocks

JUDGMENT: IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

10463 of 2003

Watts C presiding with Bly C

17 February 2004

Austcorp No 459 Pty Limited Applicant v

Baulkham Hills Shire Council Respondent

Judgement Introduction 1 Appeal No 10463 of 2003 under s 97 of the Environmental Planning and Assessment Act 1979, is against the deemed refusal by Baulkham Hills Shire Council ("the council") of Development Application No 843/2003/HB to carry out certain works and for the use of the existing building at Lot 1 DP 1035154, being Nos 18-22 Campbell Street, Northmead as an apartment building.