Moscaritolo and Anor v The Hills Shire Council [2013] NSWLEC 1014

Land and Environment Court New South Wales

Medium Neutral Citation: Moscaritolo and Anor v The Hills Shire Council [2013] NSWLEC 1014 Hearing dates: 16 January 2013 Decision date: 23 January 2013 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: Affordable housing; whether the design of the development is compatible with the character of the locality Legislation Cited: Baulkham Hills Local Environmental Plan 2005; State Environmental Planning Policy (Affordable Rental Housing) 2009; The Hills Local Environmental Plan 2012; Environmental Planning and Assessment Act 1979; Land and Environment Court Act 1979 Cases Cited: Alamdo Holdings Pty Limited v The Hills Shire Council [2012] NSWLEC 1302; Project Venture Developments v Pittwater Council [2005] NSWLEC 191; Fortunate Investments Pty Ltd v North Sydney Council [2001] NSWLEC 70; MacDonald v Mosman Municipal Council [1999] NSWLEC 215 Category: Principal judgment Parties: Gino Moscaritolo Maria Moscaritolo (Applicants)

The Hills Shire Council (Respondent) Representation: Mr M Fraser (Respondent) Mr G McKee (Applicant)

Ms J Mort (Respondent) File Number(s): 10771 of 2012

Judgment 1The Moscaritolo family sought consent on 12 April 2011, under development application 1361/2011/HB, from the Hills Shire Council for the construction of an affordable housing development comprising four dwellings and Torrens Title subdivision at No. 157 Merindah Road, Baulkham Hills. At the time the council determined the application, the proposal had been amended so that it was for the construction of three townhouses. Units one and two were proposed to be two storeys in height and contain three bedrooms per unit. Unit three was proposed to be a detached single storey dwelling also containing three-bedrooms. Single garaging was proposed to be provided to all dwellings 2On 7 February 2012 the Council refused consent, and the Moscaritolos are appealing that decision. 3The plans filed before the court reverted to a four dwelling proposal and on two occasions, the applicant had been granted leave to rely on amended plans. 4The contention remaining in the case is whether or not the design of the proposed development is compatible with it the character of the local area.