Millennium Design Consultants v The Hills Shire Council [2015] NSWLEC 1002

Land and Environment Court New South Wales

Medium Neutral Citation: Millennium Design Consultants v The Hills Shire Council [2015] NSWLEC 1002 Hearing dates: 8 – 9 December 2014 Decision date: 14 January 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal dismissed Catchwords: Development application: boarding house, amalgamation of allotments, orderly and economic use of land, compatible with the character of the local area. Legislation Cited: Land and Environment Court Act 1979; State Environmental Planning Policy (Affordable Rental Housing) 2009; Environmental Planning and Assessment Act 1979; The Hills Local Environmental Plan 2012; State Environmental Planning Policy (Infrastructure) 2007; State Environmental Planning Policy No 65 – Design Quality of Residential Flat Development Cases Cited: The Hills Shire Council v Sales Search Pty Ltd [2013] NSWLEC 103; Zhang v Canterbury City Council [2001] NSWCA 167; Cornerstone Property Group Pty Ltd v Warringah Council[2004] NSWLEC 189; Karavellas v Sutherland Shire Council [2004] NSWLEC 251; Thiessen Architects v Sutherland Shire Council [2004] NSWLEC 480 Texts Cited: The Hills Development Control Plan 2012 Category: Principal judgment Parties: Millennium Design Consultants (Applicant)

The Hills Shire Council (Respondent) Representation: Counsel: Mr R O'Gorman Hughes (Applicant)

Mr M Staunton (Respondent)

Solicitors: Wilshire Webb Staunton Beattie (Respondent) File Number(s): 10290 of 2014

Judgment 1. Millennium Design Consultants (MDC) sought consent from The Hills Shire Council to construct a five storey, 25 room boarding house with basement carpark for 11 vehicles, at 269 Pennant Hills Road, Carlingford. The council refused consent on 6 May 2014 and MDC is appealing that decision. 2. The issues of the case are whether the application is consistent with the character of the local area; contributes towards the orderly and sustainable development of the local government area; complies with the relevant planning controls and the site is suitable for the proposed development.