Integrated Mentoring Pty Ltd V The Hills Shire Council & anor (No 2) [2016] NSWLEC 1005

Integrated Mentoring Pty Ltd V The Hills Shire Council & anor (No 2) [2016] NSWLEC 1005

None of the second respondent's contentions warranted refusal. The RFS and Ausgrid had provided the necessary advice or requirements, the amended proposal had been adequately renotified, access and essential services over Lot 1 were appropriately dealt with by a deferred commencement condition, the four proposed lots could accommodate compliant low density dwellings and private open space despite the easement and lot width non-compliance, stormwater matters were addressed by plans and conditions, and the subdivision was not contrary to the public interest. The appeal was therefore upheld and the amended development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
05 January 2016
Procedural Posture
Class 1 Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment Following Hearing of Amended Development Application
Outcome
Appeal upheld; amended development application approved subject to conditions of consent in Annexure A.
Legal Topics
['torrens Title Subdivision' 'deferred Commencement Conditions' 'integrated Development' 'notification' "owner's Consent" 'access and Traffic Safety' 'lot Size and Configuration' 'stormwater Drainage' 'public Interest']
['planning and Environment' 'development Consent' 'subdivision'] ['torrens Title Subdivision' 'deferred Commencement Conditions' 'integrated Development' 'notification' "owner's Consent" 'access and Traffic Safety' 'lot Size and Configuration' 'stormwater Drainage' 'public Interest']

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Procedural Posture

Class 1 Appeal Under S 97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Principal Judgment Following Hearing of Amended Development Application

Legal Issues

  1. 1 ['Whether the amended development application should be refused because of jurisdictional or integrated development issues concerning Rural Fire Service and Ausgrid requirements.' 'Whether notification of the amended plans and proposal was adequate.' "Whether access via Lot 1 and the absence of existing rights or owner's consent justified refusal of the subdivision of Lot 2." 'Whether the proposed four lot subdivision had acceptable lot size, lot width, design, building envelopes, private open space and residential amenity.' 'Whether stormwater and essential services could be adequately provided, including through deferred commencement and consent conditions.' 'Whether the proposal was contrary to the public interest.']

Ratio Decidendi

None of the second respondent's contentions warranted refusal. The RFS and Ausgrid had provided the necessary advice or requirements, the amended proposal had been adequately renotified, access and essential services over Lot 1 were appropriately dealt with by a deferred commencement condition, the four proposed lots could accommodate compliant low density dwellings and private open space despite the easement and lot width non-compliance, stormwater matters were addressed by plans and conditions, and the subdivision was not contrary to the public interest. The appeal was therefore upheld and the amended development application approved subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions of consent in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA 981/2015/ZB, as amended during Court proceedings 10276 of 2015 and 10948 of 2015, for a Torrens Title subdivision of one lot into 4 lots, and associated works, on Lot 2 in DP 996639, 89A Baker Street, Carlingford, is approved subject to the conditions of consent...