Integrated Mentoring Pty Ltd v The Hills Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Integrated Mentoring Pty Ltd v The Hills Shire Council & anor [2015] NSWLEC 1428 Hearing dates:22-23 October 2015Date of orders: 23 October 2015 Decision date: 23 October 2015 Jurisdiction:Class 1Before: Fakes C Decision: Appeal dismissed Catchwords: PRACTICE AND PROCEDURE: appeal against a deemed refusal; class 1 application filed prematurely; lack of jurisdiction Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 State Environmental Planning Policy (Infrastructure) 2007 Category:Principal judgmentParties: Integrated Mentoring Pty Ltd (Applicant) The Hills Shire Council (First Respondent) Kelly Dobrow (Second Respondent) Representation: Applicant: Mr G McKee (Solicitor) First Respondent: Ms F Berglund (Barrister) Second Respondent: Ms A Pearman (Barrister)     Solicitors: Applicant: McKees Legal Solutions First Respondent: The Hills Shire Council Second Respondent: Bartier Perry File Number(s):10276 of 2015Judgment COMMISSIONER:   On 27 March 2015 the applicant filed a Class 1 Application appealing The Hills Shire Council’s deemed refusal of development application DA981/2015/ZB for the Torrens Title subdivision of one lot into five lots and associated works at 89A Baker Street, Carlingford. The appeal is made under s 97(1)(b) of the Environmental Planning and Assessment Act 1979 (EPA Act). Section 97(1) states: (1)   An applicant who is dissatisfied with the determination of a consent authority with respect to the applicant’s development application (including a determination on a review under section 82A) may appeal to the Court within 6 months after:(a)    the date on which the applicant received notice, given in accordance with the regulations,...