Urban Revolutions Pty Limited (trading as Urban Property and Land) v The Hills Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Urban Revolutions Pty Limited (trading as Urban Property and Land) v The Hills Shire Council [2016] NSWLEC 1286 Hearing dates:18 February, 1-2 June 2016Date of orders: 11 July 2016 Decision date: 17 June 2016 Jurisdiction:Class 1Before: Fakes C Decision: Appeal upheld see [90] Catchwords: DEVELOPMENT APPLICATION: Boarding house; character; density; urban design; tree retention. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Affordable Rental Housing) 2009 State Environmental Planning Policy No. 65 – Design Quality Residential Flat Development The Hills Local Environmental Plan 2012 Cases Cited: New Century Developments Pty Ltd v Baulkham Hills Shire Council [2003] NSWLEC 154 Project Venture Developments v Pittwater Council [2005] NSWLEC 191 Salanitro-Chafel v Ashfield Council [2008] NSWLEC 366 Category:Principal judgmentParties: Urban Revolutions Pty Limited (trading as Urban Property and Land) (Applicant) The Hills Shire Council (Respondent) Representation: Applicant: Mr M Staunton (Barrister) Respondent: Mr A Seton (Solicitor)   Solicitors: Applicant: Addisons Lawyers Respondent: Marsdens Law Group File Number(s):2016/ 159472Judgment COMMISSIONER: The applicant appeals The Hills Shire Council’s refusal of Development Application 561/2015/HA for the construction of a boarding house at 36 Kathleen Avenue, Castle Hill (the site). The appeal is made pursuant to s 97(1) of the Environmental Planning and Assessment Act 1979 (EPA Act). The site and its locality The site is on the southern side of Kathleen Avenue, Castle Hill in a section of Kathleen Avenue which runs roughly parallel to Showground...