Sterling Projects Pty Ltd v The Hills Shire Council [2011] NSWLEC 1020

Land and Environment Court New South Wales

Medium Neutral Citation: Sterling Projects Pty Ltd v The Hills Shire Council [2011] NSWLEC 1020 Hearing dates: 15 and 16 December 2010 Decision date: 08 February 2011 Jurisdiction: Class 1 Before: Tuor C Decision: 1. The appeal is dismissed. 2. The development application (913/2010/HB) to demolish an existing dwelling and construct multi dwelling housing at 26 Moseley Street, Carlingford, is refused. 3. The exhibits may be returned. Catchwords: APPEAL - Development application - multi unit housing, character of the area, internal amenity and resident objections. Legislation Cited: Environmental Planning and Assessment Act, 1979 Cases Cited: Zhang v Canterbury City Council (2001) 51 NSWLR 589 Category: Principal judgment Parties: APPLICANT Sterling Projects Pty Ltd

RESPONDENT The Hills Shire Council Representation: APPLICANT Mr P Jackson, solicitor

RESPONDENT Mr J Kildea, barrister APPLICANT Pikes Solicitors

RESPONDENT The Hills Shire Council File Number(s): 10778 of 2010

1This is an appeal against the refusal by the Hills Shire Council (the council) of a development application (913/2010/HB) under the Environmental Planning and Assessment Act 1979 (EPA Act) to demolish an existing dwelling and construct multi dwelling housing at 26 Moseley Street, Carlingford (the site).

Site and its locality 2The site is rectangular in shape with a frontage of 20.42m and an area of 790sqm. It is developed with a two storey brick dwelling with a single storey garage. 3The site is one of three residential allotments on the northern side of Moseley Street, between Buckland and Vickery Street. It adjoins a two storey house to the east (28 Moseley Street). To the west the site adjoins the rear gardens of two single storey dwellings which front Buckland Avenue (1 and 3 Buckland Avenue). It also adjoins the rear garden of a dwelling that fronts Trigg Avenue (3 Trigg Avenue). St Pauls Anglican Church is located on the corner of Moseley and Buckland Street. The area is predominantly developed with two storey detached houses on large allotments.