QUARTER TWO REVIEW
ATTACHMENT 1 PLANNING APPEALS AS AT 14 FEBRUARY 2019
PROPERTY: 17-21 Mason Road, Box Hill (Wiser Capital Pty Limited)
MATTER: Class 1 Application appealing against the deemed refusal of development application No. 1984/2017/JP (proposed construction of 325 apartments, basement car parking and neighbourhood shop).
STATUS: Council served with a Class 1 Application on 31 January 2018.
Proceedings listed for hearing on 25 and 26 February 2019.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $9,944.21.
Estimate of Costs (range): $20,000.00 to $30,000.00.
GENERAL COMMENT:
The proposal has been reduced from 325 units to 225 units. It is likely that consent orders will be entered into prior to hearing. As this is a Panel matter, we are required to seek instructions from the Panel in relation to any conciliated agreement.
PROPERTY: 17-19 Alan Street, Box Hill (Alan Development Pty Limited) MATTER: Class 1 Application appealing against the deemed refusal of
development application No. 1230/2018/HA (proposed construction of a seven (7) storey residential flat building, comprising 55 units, 3 neighbourhood shops, basement car parking and road construction).
STATUS: Council served with a Class 1 Application on 1 March 2018.
Proceedings listed for a section 34 Conciliation Conference on 23 May 2018.
On 8 November 2018 a Section 34 Agreement was entered into based on amended plans which deleted three neighbourhood shops, one residential unit and a large rooftop common open space area. The amended plans provided for increased at-grade landscape and common open space areas which satisfied SEPP 65 and DCP requirements.
On 6 December 2018 Orders were made by the Court in accordance with Agreement. Matter Finalised.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $15,085.13.
Estimate of Costs (range): $20,000.00 to $30,000.00.
GENERAL COMMENT:
Consent orders have been entered into.
ORDINARY MEETING OF COUNCIL 26 FEBRUARY, 2019
PROPERTY: 13 Edwards Road and 76 The Water Lane, Rouse Hill (Cauchi) MATTER: Class 1 Application appealing against the deemed refusal of
modification application No. 619/2017/ZA (proposed subdivision creating 46 residential lots and two residual lots, proposed deletion of condition 23(3)(b) of the development consent (partial width road construction of proposed Outback Street))
STATUS: Council served with a Class 1 Application on 28 March 2018.
A Section 34 Conciliation Conference held on 15 October 2018.
Section 34 Conciliation Conference terminated.
Set down for hearing 1 March 2019.
LEGAL
REPRESENTATION:
Hall & Wilcox Lawyers CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $5,588.98.
Estimate of Costs (range): $20,000.00 to $30,000.00.
GENERAL COMMENT:
Development consent No. 619/2017/ZA was granted on the premise that the Applicant would partially construct Outback Street.
The Applicant now opposes the requirement to construct Outback Street and is seeking to modify the development consent by deleting the condition of consent that requires partial width construction of Outback Street.
PROPERTY: 27 Hynds Road, Box Hill (Javian Developments)
MATTER: Class 1 Application appealing against the deemed refusal of development application No. 1184/2018/ZE (proposed subdivision and construction of 44 dwellings).
STATUS: Council served with a Class 1 Application on 17 May 2018.
Proceedings listed for a Section 34 Conciliation Conference on 19 November 2018.
Additional information was submitted by the applicant on 21 December 2018. This was reviewed and further information was requested on 1 February 2019.
The proceedings were listed for online Court communication on 5 February 2019. The Applicant sought an extension to address concerns raised by Council. We are waiting the direction of the Court.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $7,821.97.
Estimate of Costs (range): $30,000.00 to $40,000.00.
ORDINARY MEETING OF COUNCIL 26 FEBRUARY, 2019
GENERAL COMMENT:
The Applicant has reduced the number of dwellings by two. The Applicant is to provide amended architectural plans, engineering plans and owner’s consent for work on adjoining land. This information is required to resolve access issues as the proposed public roads servicing the development (Nova Street, Zaniah Street and Aurora Street) are located on adjoining properties (25 Hynds Road, 29 Hynds Road and 25 Mason Road respectively).
PROPERTY: 35 Stringer Road, Kellyville (First Gate Pty Ltd and Pyrus Pty Ltd)
MATTER: Class 1 Application appealing against the deemed refusal of development application No. 2240/2018/ZD (proposed subdivision creating four community title lots, to include a variation to the maximum density standards of THLEP).
STATUS: Council served with a Class 1 Application on 3 September 2018.
Proceedings discontinued.
Matter Closed.
LEGAL
REPRESENTATION:
Wilshire Webb Staunton Beattie Lawyers CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $3,752.00
Estimate of Costs (range): $10,000 to $15,000 GENERAL
COMMENT:
The applicant filed a Notice of Discontinuance with the Court on 30 November 2018 and the Development Application has been formally withdrawn. This matter is now closed.
PROPERTY: 8 – 10 Bellcast Road, Rouse Hill (Kaplan Investments Pty Ltd) MATTER: Class 1 Application appealing against the deemed refusal of
development application No. 177/2019/HA (proposed subdivision of a dual occupancy, to include a variation to the minimum lot size standards of THLEP).
STATUS: Council served with a Class 1 Application on 25 September 2018.
Directions hearing 19 October 2018.
Facts and Contentions have been filed.
Listed for s34 Conciliation Conference on 8 May 2019.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $2,088.07.
Estimate of Costs (range): $10,000.00 to $15,000.00.
GENERAL COMMENT:
The matter has been set down for 8 May 2019.
ORDINARY MEETING OF COUNCIL 26 FEBRUARY, 2019
PROPERTY: 127 Aiken Road and 185 Oratava Avenue, West Pennant Hills (Malcolm Smith Pty Limited)
MATTER: Class 1 Application appealing against the deemed refusal of a modification application No. 2587/2004/ZB/E (removal of s94 contribution conditions).
STATUS: Council served with a Class 1 Application on 25 October 2018.
Directions hearing heard on 16 November 2018.
Section 34 Conference set down for 7 December 2018.
Listed for hearing on 5 March 2019.
LEGAL
REPRESENTATION:
Hall & Wilcox CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $5,898.36
Estimate of Costs (range): $20,000.
GENERAL COMMENT:
The application is for the deletion of the Section 34 payment on the basis that the Contribution Plan is repealed.
PROPERTY: 155 Old Northern Road Baulkham Hills (Old Northern Investments Pty Limited formerly known as Crypto Property Pty Limited)
MATTER: Class 1 Application appealing against the deemed refusal of development application 106/2019/HA (proposed demolition of existing structure and construction of 82 place child care centre).
STATUS: Council served with a Class 1 Application on 12 November 2018.
Proceedings listed for directions hearing on 4 December 2018.
s34 Conciliation Conference on 8 February 2019.
Matter to be listed for Hearing.
LEGAL
REPRESENTATION:
Marsdens CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $4,238.81.
Estimate of Costs (range): $15,000 to $20,000.
GENERAL COMMENT:
There is a range of concerns with the proposed child care centre on the corner of Old Northern Road and Edwards Road including parking, traffic, child safety and the scale of development.
ORDINARY MEETING OF COUNCIL 26 FEBRUARY, 2019
PROPERTY: 745 Windsor Road, Box Hill (Mogul Stud Pty Ltd)
MATTER: Class 1 Application appealing against the deemed refusal of development application No. 407/2019/JP (proposed construction of a mixed use development)
STATUS: Council served with a Class 1 Application on 21 December 2018.
Directions hearing held on 8 February 2019.
The proceedings are listed for a conciliation meeting on site on 2 September 2019.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $0.
Estimate of Costs (range): $20,000.00 to $30,000.00.
GENERAL COMMENT:
The parties are to have a without prejudice meeting by 31 May 2019.
ORDINARY MEETING OF COUNCIL 26 FEBRUARY, 2019
ATTACHMENT 2