Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 1187

Land and Environment Court New South Wales

Medium Neutral Citation: Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 1187 Hearing dates: 5-10 and 13 April 2018 Date of orders: 19 April 2018 Decision date: 19 April 2018 Jurisdiction: Class 1 Before: O'Neill C Decision: The Court orders: 1) The appeal is dismissed. 2) Development Application No. 944/2018/JP for a seniors housing development at 3-5 Pellitt Lane and 9 Wirrabara Road, Dural, is refused. 3) The exhibits, other than exhibit 1, are returned. Catchwords: DEVELOPMENT APPLICATION: Seniors housing development; Site Compatibility Certificate issued by the Department of Planning and Environment; prohibited development; whether the site adjoins land zoned primarily for urban purposes; location and access to services; impacts on threatened species; bushfire risk; exceedance of the height of buildings development standard; amenity. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Rural Fires Act 1997 Biodiversity Conservation Act 2016 Cases Cited: Wirrabara Village Pty Limited v The Hills Shire Council [2018] NSWLEC 6 Hornsby Shire Council v Malcolm (1986) 60 LGRA 429 MoDog Pty Limited v Baulkham Hills Shire Council (2000) 109 LGERA 443 DEM (Aust) Pty Ltd v Pittwater Council (2004) 136 LGERA 187 Pepperwood Ridge Pty Limited v Newcastle City Council (2005) 142 LGERA 231 ACN 115 840 509 Pty Limited v Kiama Municipal Council (2006) 145 LGERA 147 Murlan Consulting Pty Limited v Ku-ring-gai Municipal Council [2007] NSWLEC 182 Australian Lifestyle Corporation Pty Limited v Wingecarribee Shire Council [2008] NSWLEC 284 Information Gateways Pty Ltd v Hornsby Shire Council [2005] NSWLEC 242 Challenger Listed Investments Limited v Valuer General (No 2) [2015] NSWLEC 60 Category: Principal judgment Parties: Wirrabara Village Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr Craig Leggat SC (Applicant) Mr Turvey To barrister (Respondent)