Environa Studio Pty Limited v The Hills Shire Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: Environa Studio Pty Limited v The Hills Shire Council [2015] NSWLEC 1515 Hearing dates:12 October & 7 December 2015Date of orders: 10 December 2015 Decision date: 10 December 2015 Jurisdiction:Class 1Before: Morris C Decision: Appeal upheld Catchwords: DEVELOPMENT APPLICATION: contentions addressed through amended plans; whether development is in the public interest having regard to objections received Legislation Cited: Environmental Planning and Assessment Act 1979; The Hills Local Environmental Plan 2012; State Environmental Planning Policy Nos 55 - Remediation of Land; State Environmental Planning Policy No 65-Design Quality of Residential Flat Buildings; State Environmental Planning Policy (Building Sustainability Index: BASIX) Texts Cited: The Hills Development Control Plan 2012; Residential Flat Design Code; Apartment Design Code Category:Principal judgmentParties: Environa Studio Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant)     Solicitors: Ms S Ozbell Gadens (Applicant)   Mr S Kondilios Hill & Wilcox Lawyers (Respondent) File Number(s):10534 of 2015Judgment Environa Studio Pty Limited lodged Development Application No 1231/2015HB on April 2 2015 seeking consent from the Hills Shire Council for demolition of an existing service station and the erection of a three-storey shop top housing development with a basement carpark. The council had not determined the application within the prescribed period and Environa is appealing its deemed refusal. The main issue in the case was whether the development satisfies the definition of shop top housing and the planning controls that apply to the site. Following the joint...