Land and Environment Court of New South Wales CITATION : Rainbowforce Pty Limited v Baulkham Hills Shire Council [2008] NSWLEC 1404 APPLICANT Rainbowforce Pty Limited PARTIES : RESPONDENT Baulkham Hills Shire Council FILE NUMBER(S) : 10617 of 2008 CORAM: Bly C KEY ISSUES: Appeal :- Deferred commencement consent, residential flat buildings, deletion of conditions, consent orders. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 DATES OF HEARING: 16/09/2008 EX TEMPORE JUDGMENT DATE : 16 September 2008 APPLICANT Ms P. Burns, solicitor of Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr C. Winn, solicitor of Baulkham Hills Shire Council JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Bly C 16 September 2008 10617 of 2008 Rainbowforce Pty Limited v Baulkham Hills Shire Council JUDGMENT 1 On 8 April 2008, the Baulkham Hills Shire Council granted a deferred commencement consent for the construction of three apartment buildings containing 299 dwellings at 19-21 Windsor Road and 28 Campbell Street, Northmead. 2 The applicant has now appealed pursuant to s 97 of the Environmental Planning and Assessment Act (1979) in relation to an application to modify deferred commencement conditions A(6) and conditions B of that consent. 3 Deferred condition A(6) deals with the creation of a stormwater drainage easement over property adjoining the site of the development consent. The applicant has now acquired adjoining land that has now been incorporated into the site such that stormwater drainage can be effected without the need for an easement, hence the council now agrees that deferred commencement condition A(6) can be deleted. 4 Deferred commencement condition B stipulates a two-year timeframe within which the deferred commencement requirements are to be met. Relevantly, deferred commencement conditions 1 and 4 deal with a right of carriageway and bridge to provide access to the site across adjoining land. The applicant is presently negotiating with the adjoining land owners. Because this process is continuing and further time for this purpose is needed, the council has agreed to this requirement being extended to three years. 5 A further amendment to the consent is also sought in relation to condition of consent 1 by including a reference to a revised stormwater drainage plan. This plan is also not opposed by the council. 6 There being no issue for the resolution of the court in this matter and accepting as I do the reasonableness of the proposed modifications, I have decided to uphold the appeal in terms of the consent orders that have been handed up and are retained on the court's file as Exhibit 1 which will be retained. ___________________ T A Bly Commissioner of the Court ljr/ajl DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.