Skyton Developments Pty Ltd v The Hills Shire Council [2009] NSWLEC 1299

Skyton Developments Pty Ltd v The Hills Shire Council [2009] NSWLEC 1299

Given the significant non-compliance with building height and density controls set out in the Site DCP, and the absence of compelling justification to override these planning controls, combined with failure to meet the zone objectives required under cl 13(2) of the LEP, the appeal must be dismissed and development consent refused.

Parties
Applicant: Skyton Developments Pty Ltd; Respondent: The Hills Shire Council; Intervenor: Rainbowforce Pty Ltd
Jurisdiction
Australia
Judgment Date
11 September 2009
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed. Development application refused.
Legal Topics
Development Application, Development Control Plan (dcp), Planning Controls, Overdevelopment, Density Controls, Setbacks, Building Height, Traffic and Access, Local Environmental Plan (lep)
Planning Law Environmental Law Development Application Development Control Plan (dcp) Planning Controls Overdevelopment Density Controls Setbacks +3 more

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Parties

Skyton Developments Pty Ltd

Applicant

The Hills Shire Council

Respondent

Rainbowforce Pty Ltd

Intervenor

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the proposed development's non-compliance with DCP controls (building height, length, setbacks, density) is acceptable
  2. 2 Whether access and traffic arrangements are satisfactory
  3. 3 Whether arrangements for access for adjoining development are adequate

Ratio Decidendi

Given the significant non-compliance with building height and density controls set out in the Site DCP, and the absence of compelling justification to override these planning controls, combined with failure to meet the zone objectives required under cl 13(2) of the LEP, the appeal must be dismissed and development consent refused.

Court Disposition

Appeal dismissed. Development application refused.

Orders

  • The appeal is dismissed.
  • Development Application No 1167/20008/HC to demolish all existing structures and construct four apartment buildings at 27 - 33 North Rocks Road, North Rocks is refused.