Integrated Mentoring Pty Ltd v The Hills Shire Council (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Integrated Mentoring Pty Ltd V The Hills Shire Council & anor (No 2) [2016] NSWLEC 1005 Hearing dates:23 October, 27 November 2015Date of orders: 05 January 2016 Decision date: 05 January 2016 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld – see [72] Catchwords: SUBDIVISION: issues raised by second respondent – access, lot size and design, notification, stormwater, public interest Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2000 Rural Fires Act 1997 State Environmental Planning Policy (Infrastructure) 2007 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 The Hills Shire Local Environmental Plan 2012 Cases Cited: Integrated Mentoring Pty Ltd v The Hills Shire Council & anor [2015] NSWLEC 1428 Parrott v Kiama [2004] NSWLEC 77 State Projects Pty Ltd v Hurstville City Council [2015] NSWLEC 1443 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):10948 of 2015Judgment COMMISSIONER:   The applicant appeals The Hills Shire Council’s refusal of a development application for the Torrens Title subdivision of one lot into four lots and associated works on Lot 2 in DP996639 at 89A Baker Street, Carlingford. The appeal is made under s 97(1) of the Environmental Planning and...