Case: Procon Civil Pty Ltd and Leads Concrete NSW Pty Ltd v The Hills Shire Council

Development Proposed: Construction of a residential flat building, comprising 45 units under the State Environmental Planning Policy (Affordable Rental Housing) 2009

Property Address: 41-45 Yattenden Crescent, Baulkham Hills, NSW 2153

Outcome: Development consent was issued after consideration by the Joint Regional Planning Panel (JRPP)


  • Breach of height control/number of storeys;
  • Proposed road widening at front setback;
  • Waste management;
  • Stormwater drainage;
  • Distance to bus stop;
  • Overshadowing;
  • Landscaping; and
  • Access way.


  • The Development Application proposed a residential flat building comprising 45 residential units presenting as a 5 storey building; and
  • The site slopes away from the street.

What Happened?

  • We were engaged at the commencement of the project to advise on the feasibility of the site and the Development Application process.
  • We liaised closely with Council during the Development Application assessment process, which included providing additional information on the issues raised, in particular re-surveying of the distance to the bus stop to confirm it met the accessibility criteria under the State and Environmental Planning Policy (Housing for seniors and people with disability) 2004.
  • Amended plans were submitted to Council during the Development Application assessment and additional information to address Council’s concerns in relation to road widening at the front setback, waste collection from basement and finessing private open space areas.
  • We commenced a Class 1 Application with the Land and Environment Court as there were extensive delays with the assessment of the application.
  • The matter was ultimately determined at a Joint Regional Planning Panel meeting where we represented our client to justify the proposed development.
  • Council issued its Notice of Determination on 21 December 2016 and the Court proceedings were discontinued.

Our Contribution

Given the scale of this development, we anticipated that there would be significant discussions and information to be provided to Council during the Development Application assessment period. We were in constant contact with Council’s assessing officer to encourage and facilitate the determination of the application. Facilitation of that assessment process included liaising with the applicant’s consultants to produce any additional information required at the earliest opportunity. The height breach was minor and we were confident from the outset that Council would be reasonable on this aspect given the topography of the site. However, Council’s main concern was with the distance of the site to the bus stop, which under the State Environmental Planning Policy (Affordable Rental Housing) 2009, a requirement is established that the bus stop be no more than 400m walking distance from the site. We arranged for the applicant’s surveyor to closely remeasure the distance to the bus stop from the site and nominate a route of access which ultimately met this strict criteria.

On our advice, the applicant engaged an urban designer to improve the aesthetic visual appeal of the proposed development, which was accepted by the Joint Regional Planning Panel and Council.

We and the applicant’s urban designer represented the applicant at the Joint Regional Planning Panel meeting. Our representation at the Joint Regional Planning Panel meeting was a strong influence in having a positive determination.

Outcome Achieved

  • Approval of 45 unit residential flat building at Baulkham Hills; and
  • The maximum yield for the client while taking into consideration the residential zoning.


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