Wirrabara Village Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 1097

Wirrabara Village Pty Ltd v The Hills Shire Council (No 2) [2020] NSWLEC 1097

It is not necessary for deferred commencement consent as all matters can be satisfactorily addressed through the conditions of consent. Pellitt Lane must be widened, roadworks and infrastructure must be in public ownership, and full width reconstruction is required. Biodiversity offsetting calculations should be independently verified without further Council approval. Undergrounding of services applies to those adjacent if not already underground.

Jurisdiction
Australia
Judgment Date
05 March 2020
Procedural Posture
Appeal / Consequential Orders Following Principal Judgment
Outcome
Appeal upheld; Development Application approved subject to consent conditions
Legal Topics
['development Application' 'seniors Living Development' 'dispute Regarding Conditions' 'road Widening' 'bushfire Mitigation' 'biodiversity Offsetting']
['planning and Environment'] ['development Application' 'seniors Living Development' 'dispute Regarding Conditions' 'road Widening' 'bushfire Mitigation' 'biodiversity Offsetting']

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Procedural Posture

Appeal / Consequential Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether consent conditions should include deferred commencement' 'Extent and ownership of road widening works' 'Minimum internal road widths for compliance with bushfire standards' 'Garbage collection vehicle size and access' 'Biodiversity offsetting requirements' 'Provision of electricity services']

Ratio Decidendi

It is not necessary for deferred commencement consent as all matters can be satisfactorily addressed through the conditions of consent. Pellitt Lane must be widened, roadworks and infrastructure must be in public ownership, and full width reconstruction is required. Biodiversity offsetting calculations should be independently verified without further Council approval. Undergrounding of services applies to those adjacent if not already underground.

Court Disposition

Appeal upheld; Development Application approved subject to consent conditions

Orders

  • ['The appeal is upheld.' 'Development Application DA 1035/2018/JP for demolition, removal, construction and associated works at specified lots is approved subject to conditions in Annexure A.' 'The exhibits, other than Exhibits B, C and 1, are returned.']