Taouk v The Hills Shire Council [2015] NSWLEC 1512

Land and Environment Court New South Wales

Medium Neutral Citation: Taouk v The Hills Shire Council [2015] NSWLEC 1512 Hearing dates: 1 December 2015 Date of orders: 09 December 2015 Decision date: 09 December 2015 Jurisdiction: Class 1 Before: Brown ASC Decision: 1. The appeal is upheld; 2. The Application to modify Development Consent No 497/2015/HB for the demolition of all existing buildings and construction of 16 units for housing for seniors or people with a disability at 157A-159 Old Northern Road, Castle Hill is determined by approving the modifications sought. 3. As a consequence of order (2), Development Consent Development Consent No 497/2015/HB is now subject to the consolidated, modified conditions of development consent set out in Annexure A; 4. The exhibits, other than Exhibits 4, A and B, are returned. Catchwords: MODIFICATION: modification of the approved housing for seniors or people with a disability development by the addition of one additional unit and two additional car spaces – whether there is an unacceptable impact on the character and streetscape – whether the floor space ratio is acceptable – whether the proposal has inconsistent height and bulk compared to adjoining properties. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 The Hills Local Environmental Plan 2012 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Taouk & Ors v The Hills Shire Council [2015] NSWLEC 1097 Category: Principal judgment Parties: Andrew Taouk (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr G McKee, solicitor (Applicant) Mr A Seton, solicitor (Respondent)