Riverland Enterprises Pty Ltd v Baulkham Hills Shire Council [2005] NSWLEC 588

Riverland Enterprises Pty Ltd v Baulkham Hills Shire Council [2005] NSWLEC 588

The development proposal, having sufficiently addressed issues regarding the development potential of the adjoining 56 Baker Street through a right of way and parking at no cost, and the existence of reasonable alternatives for addressing drainage, as well as the adequacy of solar access considering communal open space, was not in breach of the Local Environmental Plans or Development Control Plan requirements in a manner warranting refusal. Therefore, approval in the form of a deferred commencement consent was granted.

Parties
Applicant: Riverland Enterprises Pty Ltd; Respondent: Baulkham Hills Shire Council
Jurisdiction
Australia
Judgment Date
07 October 2005
Procedural Posture
Class 1 Appeal / Judgment
Outcome
Appeal upheld; deferred commencement consent granted.
Legal Topics
Development Application Refusal, Medium Density Residential Development, Drainage Easement, Solar Access, Interpretation of Local Environmental Plans, Development Control Plan Compliance
Planning and Environment Development Application Refusal Medium Density Residential Development Drainage Easement Solar Access Interpretation of Local Environmental Plans Development Control Plan Compliance

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Parties

Riverland Enterprises Pty Ltd

Applicant

Baulkham Hills Shire Council

Respondent

Procedural Posture

Class 1 Appeal / Judgment

Legal Issues

  1. 1 Whether the proposal is contrary to clause 43 of the Baulkham Hills Local Environmental Plan 1991
  2. 2 Whether the proposal is contrary to clause 48 of the Draft Baulkham Hills Local Environmental Plan 2004
  3. 3 Whether the proposal satisfies the aims and objectives of the Baulkham Hills Local Environmental Plan 1991

Ratio Decidendi

The development proposal, having sufficiently addressed issues regarding the development potential of the adjoining 56 Baker Street through a right of way and parking at no cost, and the existence of reasonable alternatives for addressing drainage, as well as the adequacy of solar access considering communal open space, was not in breach of the Local Environmental Plans or Development Control Plan requirements in a manner warranting refusal. Therefore, approval in the form of a deferred commencement consent was granted.

Court Disposition

Appeal upheld; deferred commencement consent granted.

Orders

  • The appeal is upheld.
  • Deferred commencement consent is granted to 9 villa homes at Nos. 52A and 54 Baker Street, Carlingford, as shown on referenced drawings and landscape plans and subject to the annotated conditions.