Carlingford Investments Pty Ltd v The Hills Shire Council [2015] NSWLEC 1022

Land and Environment Court New South Wales

Medium Neutral Citation: Carlingford Investments Pty Ltd v The Hills Shire Council [2015] NSWLEC 1022 Hearing dates: 22,23 January 2015 Decision date: 03 February 2015 Jurisdiction: Class 1 Before: Brown C Decision: The orders of the Court in Appeal No 10779 of 2014 are: 1. The appeal is upheld. 2. DA 1091/2014/HB for the construction of an 18-storey mixed use development consisting of 49 residential apartment units and 25 m2 ground floor retail space at 12 James Street Carlingford is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 3, D and E.

The orders of the Court in Appeal No 10780 of 2014 are: 1. The appeal is upheld. 2. Application DA 561/2010/HB/B to modify DA 561/2010/HB (as amended) for a mixed use development application at 12 James Street Carlingford is approved subject to the modifications in Annexure A. 3. The exhibits are returned with the exception of exhibits 1, A and E. Catchwords: DEVELOPMENT APPLICATION: construction of an 18-storey mixed use development consisting of 49 residential apartment units and 25 m2 ground floor retail space

MODIFICATION APPLICATION: modification to approval for construction of an 16-storey mixed use development consisting of 44 residential apartment units and 25 m2 ground floor retail space creation of an additional modifications to basement parking and external building materials - deletion of the toilets on the roof garden Legislation Cited: Environmental Planning and Assessment Act 1979 The Hills Local Environmental Plan 2012 State Environmental Planning Policy No. 65 Cases Cited: House of Peace Pty Ltd v Bankstown City Council (2000) 48 NSWLR 498 Schaffer Corporation v Hawkesbury City Council (1992) 77 LGRA 21 Wehbe v Pittwater Council [2007] 156 LGERA 446 Category: Principal judgment Parties: Carlingford Investments Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr N Eastman, barrister (Applicant) Mr A Seton, solicitor (Respondent)