Caversham Property Pty Ltd v The Hills Shire Council [2012] NSWLEC 1083

Land and Environment Court New South Wales

Medium Neutral Citation: Caversham Property Pty Ltd v The Hills Shire Council [2012] NSWLEC 1083 Hearing dates: 3 April 2012 Decision date: 04 April 2012 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld, in part. 2. Condition 5 of Development Consent No. 30/2008/HA (as amended) for the erection of a private hospital, associated medical suites and car parking at Norbrik Drive, Bella Vista is deleted and replaced with modified condition. 3. The exhibits are returned with the exception of exhibits 5, A and E. Catchwords: MODIFICATION; condition of consent for paid parking for hospital Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Health Projects International Party Limited v Baulkham Hills Shire Council [2008] NSWLEC 1477 Westfield Limited v Sutherland Shire Council [2011] NSWLEC 1333 Category: Principal judgment Parties: Caversham Property Pty Ltd (Applicant)

The Hills Shire Council (Respondent) Representation: Mr A Galasso SC (Applicant)

Mr M Fraser, barrister (Respondent) Gadens Lawyers (Applicant)

The Hills Shire Council (Respondent) File Number(s): 11195 of 2011

Judgment 1ACTING SENIOR COMMISSIONER: This is an appeal against the refusal of The Hills Shire Council (the council) of an application to further modify condition 5 of Development Consent No. 30/2008/HA which was granted by the council on 25 October 2007 for the erection of a private hospital, associated medical suites and car parking for 690 vehicles at Norbrik Drive, Bella Vista (the site). The hospital is located within the Norwest Business Park