Malcolm Smith Pty Limited v The Hills Shire Council [2012] NSWLEC 1105

Land and Environment Court New South Wales

Medium Neutral Citation: Malcolm Smith Pty Limited v The Hills Shire Council [2012] NSWLEC 1105 Hearing dates: 1 May 2012 Decision date: 01 May 2012 Jurisdiction: Class 1 Before: Fakes C Decision: 1. The appeal is upheld. 2. Development application No.507/2012/ZE for the demolition of existing structures, the erection of an integrated housing development, community title subdivision, roads and stormwater drainage is approved subject to conditions. Catchwords: CONSENT ORDERS - integrated housing, community title subdivision Legislation Cited: Environmental Planning and Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005 Threatened Species Conservation Act 1995 Environment protection and Biodiversity Conservation Act 1999, Category: Principal judgment Parties: Malcolm Smith Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Applicant: Mr A Gough (Solicitor) Respondent: Mr C Winn (Solicitor) Applicant: Storey & Gough Respondent: The Hills Shire Council File Number(s): 10038 of 2012

Judgment 1COMMISSIONER:This is an appeal against the deemed refusal by The Hills Shire Council of development application (No. 507/2012/ZE) for the demolition of an existing dwelling and associated structures and the construction of an integrated housing development and subdivision to include 45 community-titled residential lots/ dwellings and one community association. The development is to be constructed in five stages and will include landscaping, as well as ancillary road and drainage works. 2The site is Lot 362 of DP 10702 otherwise known as 11A Balmoral Road Kellyville. 3The issues between the parties have been resolved and they are seeking consent orders from the Court.