Project 1876 v Baulkham Hills Shire Council [2007] NSWLEC 545

Land and Environment Court of New South Wales

CITATION : Project 1876 v Baulkham Hills Shire Council [2007] NSWLEC 545

Applicant: Project 1876 Pty Ltd PARTIES : Respondent: Baulkham Hills Shire Council

FILE NUMBER(S) : 10318 of 2007

CORAM: Roseth SC

KEY ISSUES: Development Consent :- traffic impact

CASES CITED: BGP Properties v Lake Macquarie City Council [2004] NSWLECV 399

DATES OF HEARING: 23/08/2007 an 24/08/2007

DATE OF JUDGMENT: 30 August 2007

Applicant: LEGAL REPRESENTATIVES: Mr J Maston, barrister instructed by Mr T Bozouni of Veritys Legal Respondent: Mr I Hemmings, barrister instructed by Ms C Rose of Maddocks

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Roseth SC

30 August 2007

10318 of 2007 Project 1876 Pty Ltd v Baulkham Hills Shire Council

JUDGMENT 1 Senior Commissioner: This is an appeal against the refusal by Baulkham Hills Shire Council (the council) of a development application to construct a medium density housing development containing 110 dwellings, parking and ancillary facilities on lots 3-6 and part lot 1 DP 866897, lots 20-22 and part lots 1-5 DP 8214, known as 257 Windsor Road, Baulkham Hills.

The site 2 The site is a former school site between the M2 expressway, Windsor Road and Russell Street. It is vacant, apart from two buildings considered to have heritage significance. The only characteristic of the site relevant to this appeal is that Russell Street is a cul-de-sac, its only access and egress being to and from Windsor Road. There are no traffic lights or restrictions at the intersection now.