NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Skyton Developments Pty Ltd v The Hills Shire Council [2009] NSWLEC 1299
APPLICANT Skyton Developments Pty Ltd
PARTIES : RESPONDENT The Hills Shire Council
INTERVENOR Rainbowforce Pty Ltd
FILE NUMBER(S) : 11151 of 2008
CORAM: Brown C
KEY ISSUES: DEVELOPMENT APPLICATION :- demolish all existing structures and construct four apartment buildings - non compliance with DCP requirements for building height, building length, setbacks, and density - access to and from the site - capacity of nearby intersection - satisfactory arrangements for access across the site for adjoining development
Environmental Planning and Assessment Act 1979 LEGISLATION CITED: State Environmental Planning Policy No. 65 Baulkham Hills Local Environmental Plan 2005 Baulkham Hills Development Control Plan
Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472 CASES CITED: Zhang v Canterbury City Council (2001) 115 LGERA 373 Hooker Corporation Pty Limited v Hornsby Shire Council (unreported, 2 June 1986)
DATES OF HEARING: 31 August 2009 and 1, 2 September 2009
DATE OF JUDGMENT: 11 September 2009
APPLICANT Mr P Rigg, solicitor SOLICITORS Deacons
RESPONDENT Mr J Kildea, barrister SOLICITORS LEGAL REPRESENTATIVES: The Hills Shire Council
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