The Hills Shire Council
ATTACHMENT 1 PLANNING APPEALS AS AT 17 MARCH 2020
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
ATTACHMENT 1
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
The Applicant’s recently filed amended plans addressed the issues raised in the Statement of Facts and Contentions filed by the Council. Additionally, Council obtained an order for costs thrown away which the applicant has paid; a sum of $7000.
Matter now concluded.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
TBC EXTERNAL COSTS TO DATE:
Costs: $15,072.48
Estimate of Costs (range): $20,000.00 to $30,000.00.
GENERAL COMMENT:
There are a range of concerns, including permissibility, compliance with the indicative layout plan and overdevelopment. While the parties were able to narrow some of the issues in contention, the matter was not resolved at the Conciliation Conference. The applicant has indicated that is likely to amend its plans to satisfy some of the remaining issues that Council has however whether these will be adequately addressed cannot be determined until the applicant’s proposed amended plans have been received and reviewed.
PROPERTY: 92 Peel Road, Baulkham Hills (Charbel Ayoub)
MATTER: Class 1 Application appealing against the deemed refusal of development application No. 166/2019/HA (demolition of existing single storey dwelling, ancillary structures and pool and the construction of a 60 place child care centre with basement parking).
STATUS: A section 34 Conference took place on 4 November 2019 as scheduled. A large number of residents attended the on-site portion of the proceedings and 6 were selected to make submissions to the Commissioner who appeared on the day. The parties also inspected the property with the commissioner and then the conference resumed at Council chambers. The parties were unable to reach an agreement at conciliation due to concerns with the overall design and impacts of the centre (in its current form) on the local area in which it is proposed.
Accordingly the matter was set down for mention on 12 November 2019 whereby a hearing date has been allocated for 9 and 10 June 2020.
LEGAL
REPRESENTATION:
Coutts, Solicitors & Conveyancers CONSULTANTS/
EXPERTS:
Nil EXTERNAL COSTS TO DATE:
Costs: $2,951.00.
Estimate of Costs (range): $20,000 to $30,000 GENERAL
COMMENT:
There are a range of issues including, acoustic impact, traffic and amenity impact. Residents have been notified about the s34 conference and many have indicated that they will participate in the process to express their objections.
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
PROPERTY: 3-5 Pellitt Lane and 9 Wirrabara Road, Dural (Wirrabara Village Pty Ltd)
MATTER: Class 1 Application appealing against the deemed refusal of by the Sydney Central City Planning Panel of development application No.
1035/2019/JP (demolition of existing structures and associated tree removal and for seniors housing comprising 104 serviced self-care housing, 36 bed residential care facility, community buildings and associated car parking, landscaping and works.
STATUS: The final hearing took place before Commissioner Morris of the Land and Environment Court between 18 and 21 November 2019.
While all of the experts gave evidence within the allocated hearing days, the barristers representing each party did not have an opportunity to provide closing submissions to the Court at the conclusion of the matter due to delays caused in the proceedings by the applicant. Accordingly, the Court ordered the applicant to provide its written closing submissions by 29 November 2019 and for Council to provide submissions in reply by 6 December 2019.
Following this the Court will reserve its judgment.
Judgment in the matter was handed down on 14 February 2020.
The Court found in favour of the Applicant.
Matter now concluded.
LEGAL
REPRESENTATION:
Wilshire Webb Staunton Beattie Lawyers have been instructed (as they were the solicitors instructed in the previous LEC proceedings against Wirrabara Village.
CONSULTANTS/
EXPERTS:
We used the same experts as per the previous proceedings being Stuart McDonald (SJB Planning) Anne Clements (Anne Clements &
Associates Environmental Consultants) and Lew Short (Backlash Bush Fire Consulting).
EXTERNAL COSTS TO DATE:
Costs: $115,297.56.
GENERAL COMMENT:
The application is similar to the previous application refused by the Court.
PROPERTY: Lot 102 Windsor Road, Kellyville NSW (WN Developments) MATTER: Class 1 Application against a deemed refusal for a boarding house
development application (1267/2019/HA). The development is for a two storey boarding house with 28 rooms and a manager’s residence.
The parties are currently in the process of organising the ‘without prejudice’ discussions as per order 4 below to take place in the last week of September 2019.
STATUS: Matter was listed for a conciliation conference on 19 December 2019 whereby the parties were unable to reach a resolution.
Accordingly, the matter has been set down for hearing on 29 and 30 July 2020.
LEGAL
REPRESENTATION:
Marsdens Lawyers
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
CONSULTANTS/
EXPERTS:
TBC
EXTERNAL COSTS TO DATE:
Costs $9,905.15
Estimate of Costs (range): $20,000-$30,000 GENERAL
COMMENT:
There are a range of concerns regarding this development application including setbacks, building separation, solar access, private open space, landscaped area and character.
PROPERTY: 70-72 Old Northern Road, Baulkham Hills NSW (Tanmay Developments 2)
MATTER: Class 1 Application against a deemed refusal for a multi dwelling housing Development Application (1032/2019/JP) under the provisions for the SEPP Affordable Rental Housing 2009. The development is for 15 two storey town house units and 29 basement car parking space.
STATUS: The matter was listed for a conciliation conference on 24 January 2020. The matter was not resolved at conciliation however the applicant indicated that it intended to file and serve amended plans that address some of the issues Council has raised with the proposed development. Which it has now done. The matter has now be set down for final hearing on 16 & 17 September 2020.
LEGAL
REPRESENTATION:
Wilshire Webb Staunton Beattie Lawyers
CONSULTANTS/
EXPERTS:
TBC
EXTERNAL COSTS TO DATE:
Costs $4,425.00
Estimate of Costs (range): $20,000-$30,000 GENERAL
COMMENT:
There are a range of concerns regarding this development application including setbacks, landscaping as well as a proposal by the developer to relocate an essential stormwater drainage easement which will require RMS approval and will have an impact on neighbouring lots as well as access to the easement.
PROPERTY: 25 Cattai Ridge Road, Glenorie (D’ Anastasi)
MATTER: Class 1 Application against a deemed refusal of a development application (943/2019/HA). The application relates to a remediation of the existing fill on site and the filling of an existing unused dam.
STATUS: The matter was listed for first mention before the Court on 6 August 2019 whereby timetable orders were made as follows:
1. Conciliation Conference to take place on 6 March 2020 at 9:30am commencing on site and returning to Council chambers;
2. The Respondent is to file and serve its statement of facts and contentions by 20 August 2019;
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
3. The Applicant is to file and serve any statement of facts and contentions in reply by 3 September 2019;
4. The parties are to meet, in good faith, on a without prejudice basis, prior to 29 November 2019;
5. If no agreement is reached at or after the conciliation conference, the proceedings are listed for a second directions hearing on 13 March 2020.
The parties held a without prejudice meeting on 29 October 2019.
During that meeting the Applicant submitted environmental reports that appeared to address the main contentions held by Council with respect to the contamination. The parties had agreed to a 3 week interval to allow Council to review the reports comprehensively. It is anticipated that the matter will be resolved by consent between the parties in due course however the applicant has not provided feedback in line with the agreed 3 week period and it is therefore likely that these issues will be finalised during the section 34 conference in March 2020.
LEGAL
REPRESENTATION:
Marsdens Lawyers
CONSULTANTS/
EXPERTS:
TBC
EXTERNAL COSTS TO DATE:
Costs $6,902.00.
Estimate of Costs (range): $10,000-$20,000 GENERAL
COMMENT:
The issue in dispute is a very narrow one that relates to the remedial works to the contaminated soil on site and the adequacy of those tests. Communications with the applicants directly have not been fruitful in progressing the matter however the early ‘without prejudice’ discussions between the legal representatives so far has advanced the matter and it is likely to be resolved prior to a hearing.
PROPERTY: 3 Sundown Road, North Kellyville (AE Design Partnership) MATTER: Class 1 Application appealing against the deemed refusal of
development application No. 1709/2019/HA (proposed residential flat building for 18 additional units)
STATUS: A section 34 conciliation conference took place on 24 October 2019. The parties were able to resolve minor issues however key issues relating to height and character could not be resolved.
Accordingly, the matter was mentioned before the Court on 5 November 2019 and had been allocated a two day hearing date on 4 and 5 June 2020. However since that time, the applicant has sought to discontinue the proceedings by consent and has agreed to pay $5000 towards Council’s costs.
Matter now concluded.
LEGAL
REPRESENTATION:
Marsdens Law Group
ORDINARY MEETING OF COUNCIL 24 MARCH, 2020
CONSULTANTS/
EXPERTS:
Nil EXTERNAL COSTS TO DATE:
Costs: $12,575.81
Estimate of Costs (range): $15,000.00 to $25,000.00.
GENERAL COMMENT:
The applicant is appealing against deemed refusal of the applicant’s development application to modify a current DA 16670/2016/HB/C for an approved 3-5 storey residential flat building, comprising two buildings (C and D), 75 units and 172 parking spaces within a two level basement. The application proposes the addition of 18 more units, which would increase the building height to 4-5 storeys. The proposed development is considered to be inconsistent with the design principles relating to built form and scale, density and amenity.
PROPERTY: 6 McCausland Place, Kellyville (Pearce Developments (Aust) Pty Ltd)
MATTER: Class 1 Application appealing against the deemed refusal of modification application No. 496/2018/HA (mixed residential development of 15 townhouses and 20 residential flat units)
STATUS: The matter was listed for a without prejudice meeting between the parties that took place on 30 December 2019. The parties were unable to resolve the matter on that occasion and it has been listed for final hearing on 27 April 2020.
The Applicant has now lodged a summons dealing with an ancillary matter to this application which relates to a challenge of Council’s powers to impose certain conditions on the applicant in the conditions of consent. That application is listed for first mention on 27 March 2020.
LEGAL
REPRESENTATION:
Marsdens Law Group CONSULTANTS/
EXPERTS:
Nil EXTERNAL COSTS TO DATE:
Costs: $6,324.00.
Estimate of Costs (range): $15,000-25,000 GENERAL
COMMENT:
The development application was approved with conditions on 24 May 2019. The applicant disputes the requirement in the conditions requiring it to construct the road (including footpath, kerb and verge) that fronts the property being the McCausland Road, on the basis that the vehicular access to the building will be via an alternate road.