Jade Developments Pty Ltd v The Hills Shire Council [2018] NSWLEC 1319

Land and Environment Court New South Wales

Medium Neutral Citation: Jade Developments Pty Ltd v The Hills Shire Council [2018] NSWLEC 1319 Hearing dates: 6, 7 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Class 1 Before: Brown C Decision: 1. The appeal is upheld. 2. Development Application No. 1020/2017/HA for the demolition of an existing dwelling and construction of a residential flat building at 4 Parsonage Road Castle Hill is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibits 1 and B. Catchwords: DEVELOPMENT APPLICATION: demolition of an existing dwelling and tree removal and construction of a residential flat building; inadequate lot size; excessive density; inadequate building separation; inadequate building setbacks; inadequate transition to adjoining properties; inadequate landscaping; poor apartment mix; solar access; out of character. Legislation Cited: Environmental Planning and Assessment Act 1979 State Environmental Planning Policy No. 65 - Design Quality of Residential Apartment Development The Hills Development Control Plan 2012 The Hills Local Environmental Plan 2012 Cases Cited: Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Category: Principal judgment Parties: Jade Developments Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Staunton (Applicant)

Solicitors: Mills Oakley (Applicant) A Seton, Marsdens Law Group (Respondent) File Number(s): 2017/77319 Publication restriction: No