Revelop Projects Pty Limited v The Hills Shire Council [2012] NSWLEC 1117

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Projects Pty Limited v The Hills Shire Council [2012] NSWLEC 1117 Hearing dates: 23 April 2012 Decision date: 11 May 2012 Jurisdiction: Class 1 Before: Fakes C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: residential flat development - affordable housing; whether the development is compatible with the character of the local area Legislation Cited: State Environmental Planning Policy (Affordable Rental Housing) 2009 Environmental Planning &Assessment Act 1979 Baulkham Hills Local Environmental Plan 2005 State Environmental Planning Policy (Affordable Rental Housing) Amendment 2011 State Environmental Planning Policy No 65 - Design Quality of Residential Flat Development Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Revelop Projects Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Applicant: Mr M Arch (Solicitor) Respondent: Mr A Hudson (Solicitor) Solicitors: Applicant: Concordia Pacific Respondent: Wiltshire Webb Staunton Beattie File Number(s): 10082 of 2012

Judgment 1COMMISSIONER:Revelop Projects Pty Ltd proposes to demolish an existing dwelling and associated structures and construct a residential apartment building containing nine units and basement car park at 34 Cecil Avenue Castle Hill. Five of the units are to be dedicated as affordable rental housing units under the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009 (SEPP ARH). 2The applicant is appealing The Hills Shire Council's refusal of the proposed development (Development Application No. 363/2011/HB). The appeal is made under s 97(1) of the Environmental Planning and Assessment Act 1979 (the Act). 3The primary basis for the refusal is that the development is not compatible with the character of the local area.