Welsh Property Consulting Pty Limited v The Hills Shire Council

Land and Environment Court New South Wales Medium Neutral Citation: Welsh Property Consulting Pty Limited v The Hills Shire Council [2015] NSWLEC 1288 Hearing dates:22 July 2015Date of orders: 30 July 2015 Decision date: 30 July 2015 Jurisdiction:Class 1Before: Dixon C Decision: (1) The appeal is dismissed.(2) Development consent is refused for the relocation of the Mt Carmel Road and associated works as detailed in development application DA 1328/2014Z lodged with the Hills Shire Council on 2 May 2014.(3) The exhibits are returned except exhibit A. Catchwords: DEVELOPMENT APPLICATION - Relocation of approved road – development is inconsistent with the current SEPP and DCP – appropriateness of the imposition of a deferred commencement condition delaying operation of the consent until amendment of the SEPP and DCP to reflect the development Legislation Cited: Environmental Planning & Assessment Act 1979 SEPP (Sydney Region Growth Centres) 2006 Appendix 11 The Hills Growth Centre Precinct Plan Box Hill and Box Hill Industrial Precincts Development Control Plan 2014 Cases Cited: Weal v Bathurst City Council [2000] NSWCA 88, 111 LGERA 187 Remath Investments No 6 .Pty Ltd v Botany Bay Council (No2) (LEC, Talbot J, 11 December1996 unreported) Stockland Development Pty Ltd v Manly Council [2004] NSWLEC 472; (2004) 136 LGERA 254. Category:Principal judgmentParties: Welsh Property Consulting Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Ian Hemmings (SC) (Applicant) Simone Brew (solicitor) (Respondent)   Solicitors: Reid & Vesely (Applicant) Matthews Folbigg Pty Ltd (Respondent) File Number(s):11090 of 2014JudgmentBackground The applicant, Welsh Property Consulting Pty...