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

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

Consent was granted because the amended proposal was permissible shop top housing in the B1 Neighbourhood Centre zone, met the LEP building height and FSR standards, achieved the B1 zone objectives, provided an acceptable alternative to the DCP two-storey control, satisfied relevant SEPP65 and Apartment Design Code requirements, and the evidence showed no unacceptable amenity, privacy, overshadowing, parking or waste impacts. The remaining public interest objections did not justify refusal.

Jurisdiction
Australia
Judgment Date
10 December 2015
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Final Judgment and Orders
Outcome
Appeal upheld
Legal Topics
['shop Top Housing' 'development Application' 'public Interest Objections' 'building Height and Storeys' 'parking' 'sepp 65 Design Quality' 'b1 Neighbourhood Centre Zoning']
['planning and Environment Law' 'development Consent'] ['shop Top Housing' 'development Application' 'public Interest Objections' 'building Height and Storeys' 'parking' 'sepp 65 Design Quality' 'b1 Neighbourhood Centre Zoning']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether the amended development satisfied the definition of shop top housing and the planning controls applying to the site.' 'Whether the development was in the public interest having regard to objections received.' 'Whether variation of the Development Control Plan storey control was appropriate.' 'Whether parking and waste management arrangements were adequate.' 'Whether the development was compatible with the character and amenity of the neighbourhood centre and surrounding area.']

Ratio Decidendi

Consent was granted because the amended proposal was permissible shop top housing in the B1 Neighbourhood Centre zone, met the LEP building height and FSR standards, achieved the B1 zone objectives, provided an acceptable alternative to the DCP two-storey control, satisfied relevant SEPP65 and Apartment Design Code requirements, and the evidence showed no unacceptable amenity, privacy, overshadowing, parking or waste impacts. The remaining public interest objections did not justify refusal.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'Development Application No. 1213/2015/HB for demolition of an existing service station and the erection of a three-storey shop top housing development with a basement carpark at Lot 370 DP 238858, No. 40 Merindah Road, Baulkham Hills is approved subject to the conditions of consent in...