Malcolm Smith Pty Limited v The Hills Shire Council [2012] NSWLEC 1105

The proposal is lawful, complies with environmental and planning controls, and impacts on Cumberland Plain Woodland are acceptable due to its absence; consent orders are appropriate.

Jurisdiction: Australia
Judgment Date: 01 May 2012
Procedural Posture: Appeal Against Deemed Refusal of Development Application (class 1) / Consent Orders Granted After Issues Resolved
Outcome: Appeal upheld and development application approved subject to conditions
Legal Topics: ['development Application Approval' 'integrated Housing Development' 'community Title Subdivision' 'environmental Protection']

['planning and Environment'] ['development Application Approval' 'integrated Housing Development' 'community Title Subdivision' 'environmental Protection']

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Procedural Posture

Appeal Against Deemed Refusal of Development Application (class 1) / Consent Orders Granted After Issues Resolved

Legal Issues

1 ['Whether the development application complies with relevant planning controls' 'Impacts of the development on Cumberland Plain Woodland (Critically Endangered Ecological Community)' 'Compliance with environmental legislation']

Ratio Decidendi

The proposal is lawful, complies with environmental and planning controls, and impacts on Cumberland Plain Woodland are acceptable due to its absence; consent orders are appropriate.

Court Disposition

Appeal upheld and development application approved subject to conditions

Orders

['The appeal is upheld.' 'Development application No. 507/2012/ZE for demolition of structures, erection of integrated housing development, community title subdivision, roads and stormwater drainage is approved subject to conditions.']