The Hills Shire Council v Sales Search Pty Ltd [2013] NSWLEC 103

Land and Environment Court New South Wales

Medium Neutral Citation: The Hills Shire Council v Sales Search Pty Ltd [2013] NSWLEC 103 Hearing dates: 11 July 2013 Decision date: 12 July 2013 Jurisdiction: Class 1 Before: Biscoe J Decision: (1) The conditions of the development consent are varied in accordance with the conditions annexed hereto. (2) Save as aforesaid, the appeal is dismissed. (3) The appellant Council is to pay 20 per cent of the respondent's costs of this appeal. (4) The exhibits may be returned. Catchwords: DEVELOPMENT CONSENT - appeal from determination of Commissioner that proposed development is a boarding house, which is permitted in the applicable zone under Baulkham Hills Local Environmental Plan 2005 and whether Commissioner should have determined that proposed development was an apartment building or commercial premises, both of which are prohibited in that zone. Legislation Cited: Land and Environment Court Act 1979 s 56A Baulkham Hills Local Environmental Plan 2005 State Environmental Planning Policy (Affordable Rental Housing) 2009 Division 3 Cases Cited: Chamwell Pty Ltd v Strathfield Council [2007] NSWLEC 114 Dooralong Residents Action Group Pty Ltd v Wyong Shire Council [2011] NSWLEC 251, (2011) 185 LGERA 274 Federal Commissioner of Taxation v Whitfords Beach Pty Ltd (1982) 150 CLR 355 Hawkesbury City Council v Sammut [2002] NSWCA 18, (2002) 119 LGERA 171 Hornsby Shire Council v Monk [2001] NSWLEC 248 Mackenzie v Warringah Council [2002] NSWLEC 246, (2003) 124 LGERA 208 Sales Search Pty Ltd v The Hills Shire Council [2013] NSWLEC 1052 Townsend v Lake Macquarie City Council [2004] NSWLEC 38 Warlam Pty Ltd v Marrickville Council [2009] NSWLEC 23, (2009) 165 LGERA 184 Wollongong City Council v Vic Vellar Nominees Pty Ltd [2010] NSWLEC 266, (2010) 178 LGERA 445 Woolworths Ltd v Pallas Newco Pty Ltd [2004] NSWCA 422, (2004) 61 NSWLR 707 Category: Principal judgment Parties: The Hills Shire Council (Applicant) Sales Search Pty Ltd (Respondent) Representation: COUNSEL: A Galasso SC and M Fraser (Applicant) T Howard (Respondent) SOLICITORS: The Hills Shire Council (Applicant) Shaw Reynolds Bowen & Gerathy (Respondent) File Number(s): 10299/13