Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302

Land and Environment Court New South Wales

Medium Neutral Citation: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302 Hearing dates: 11 and 12 April 2012 and 18 October 2012 Decision date: 31 October 2012 Jurisdiction: Class 1 Before: Dixon C Decision: 1.The appeal is upheld. 2. Development consent is granted for a change of use of an existing light industrial building to bulky goods premises and internal partitioning works in accordance with DA No 309/2012/HB subject to the conditions in 5 as amended by this judgment. 3. The exhibits are returned except exhibit A, D, F and 5. Catchwords: Development Application - change of use from a warehouse/office to bulky goods premises; interpretation of a savings provision requiring a determination of a development application as if the Plan had not commenced Legislation Cited: Baulkham Hills Local Environmental Plan 2005 Environmental Planning and Assessment Act 1979 The Hills Local Environmental Plan 2012 The Interpretation Act 1987 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Terrace Towers Holdings Pty Ltd v Sutherland Shire Council (2003) 129 LGERA 195 Victorian Stevedoring and General Contracting Co Pty Ltd v Dingnan (1931) 46 CLR 73 Category: Principal judgment Parties: Alamdo Holdings Pty Limited (Applicant)

The Hills Shire Council (Respondent) Representation: Counsel Mr Robertson SC (Applicant) Mr Galasso SC (Respondent) Mr T Messanger HWL Ebsworth (Applicant) Ms Mort Hills Shire Council (Respondent) File Number(s): 11210 of 2011