Environa Studio Pty Limited v The Hills Shire Council [2015] NSWLEC 1515

Land and Environment Court New South Wales

Medium Neutral Citation: Environa Studio Pty Limited v The Hills Shire Council [2015] NSWLEC 1515 Hearing dates: 12 October & 7 December 2015 Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction: Class 1 Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: contentions addressed through amended plans; whether development is in the public interest having regard to objections received Legislation Cited: Environmental Planning and Assessment Act 1979; The Hills Local Environmental Plan 2012; State Environmental Planning Policy Nos 55 - Remediation of Land; State Environmental Planning Policy No 65-Design Quality of Residential Flat Buildings; State Environmental Planning Policy (Building Sustainability Index: BASIX) Texts Cited: The Hills Development Control Plan 2012; Residential Flat Design Code; Apartment Design Code Category: Principal judgment Parties: Environa Studio Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)

Solicitors: Ms S Ozbell Gadens (Applicant)

Mr S Kondilios Hill & Wilcox Lawyers (Respondent) File Number(s): 10534 of 2015

Judgment 1. Environa Studio Pty Limited lodged Development Application No 1231/2015HB on April 2 2015 seeking consent from the Hills Shire Council for demolition of an existing service station and the erection of a three-storey shop top housing development with a basement carpark. The council had not determined the application within the prescribed period and Environa is appealing its deemed refusal. 2. The main issue in the case was whether the development satisfies the definition of shop top housing and the planning controls that apply to the site. 3. Following the joint conferencing between the planning and urban design experts, the applicant prepared further amended plans and sought leave to rely on those plans. Due to the nature of changes made, the council, whilst not opposing leave, required renotification of those plans. The hearing was adjourned to allow this to occur and that notification took place from 14-28 October 2015. 4. Leave was granted to the applicant to rely on those amended plans, the Revision G plans (Exhibit D) subject to payment of the council's costs thrown away up to and including 12 October 2015 as agreed or assessed pursuant to the provisions of Section 97B of the Environmental Planning and Assessment Act 1979 (EP&AAct). 5. Further modification was made to the plans, in particular the carparking layout and leave was granted on 7 December 2015 to the applicant to rely on those plans. The plans and associated BASIX certificate, Exhibit G are the plans before the Court. No further costs were sought or ordered. 6. As a result of the changes made, the council no longer presses any of the contentions in the case other than the public interest, in particular the matters raised by objectors. Those issues are detailed in the Amended Statement of Facts and Contentions filed with the Court on 6 November 2015, Exhibit 8 in these proceedings and detailed at [23].