Newell Capital Pty Limited v The Hills Shire Council [2013] NSWLEC 1206

Newell Capital Pty Limited v The Hills Shire Council [2013] NSWLEC 1206

The Court upheld the appeal because the amended plans and further information addressed the council's contentions, the council did not press remaining urban design contentions, the cl 4.6 written request justified the 1.7 m variation to the 16 m height standard, and there was no reason why development consent should...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 October 2013
Procedural Posture
Class 1 Development Application Appeal / Appeal From Refusal of DA 680/2013/jp; Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 Terminated With No Agreement and Proceeding Disposed of Forthwith by Consent Under S 34(4)(b)(i) on the Basis of What Occurred at the Conciliation Conference Under S 34(4)(b)(ii).
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Building' 'building Height Development Standard Variation' 'conciliation Conference' 'flooding Risk' 'urban Design' 'public Transport Infrastructure Integration']
['planning and Environment Law'] ['development Application' 'residential Flat Building' 'building Height Development Standard Variation' 'conciliation Conference' 'flooding Risk' 'urban Design' 'public Transport Infrastructure Integration']

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Procedural Posture

Class 1 Development Application Appeal / Appeal From Refusal of DA 680/2013/jp; Conciliation Conference Under S 34 of the Land and Environment Court Act 1979 Terminated With No Agreement and Proceeding Disposed of Forthwith by Consent Under S 34(4)(b)(i) on the Basis of What Occurred at the Conciliation Conference Under S 34(4)(b)(ii).

Legal Issues

  1. 1 ['Whether consent should be granted for DA 680/2013/JP for demolition of existing structures and construction of three residential flat buildings at 21 Balmoral Road Kellyville.' 'Whether the proposed variation to the 16 m maximum building height standard in cl 4.3 of The Hills Local Environmental Plan 2012 should be supported under cl 4.6 of The Hills Local Environmental Plan 2012.' "Whether the council's contentions concerning integration with future public transport infrastructure, urban design, setbacks, building length, internal unit areas and flooding information warranted refusal."]

Ratio Decidendi

The Court upheld the appeal because the amended plans and further information addressed the council's contentions, the council did not press remaining urban design contentions, the cl 4.6 written request justified the 1.7 m variation to the 16 m height standard, and there was no reason why development consent should not be granted.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'DA 680/2013/JP for a three (3) stage development that seeks to demolish all existing structures and construct 3 residential flat buildings at 21 Balmoral Road Kellyville is approved subject to the conditions in Annexure A.' 'The exhibits are returned with the exception of exhibits 1, B and...