SWS Lawyers were pleased to advise and represent Castle Hill Panorama Pty Ltd (CHP) in their Class 1 proceedings against Castle Hill Council for approval for five residential flat buildings, containing 242 apartments and one neighbourhood shop.

CHP assembled a development site in Castle Hill, some 600 metres or so from the Castle Hill Metro Station. It sought approval, by way of two development applications, to modify a concept development approval for the site previously granted, and to erect five residential apartment buildings on the site in accordance with that modified concept development approval. The development applications sought consent to dispense with the maximum building height development standard set for the site by the relevant local environmental plan.

On 16 June 2022, SWS Lawyers commenced Class 1 appeals in the Land and Environment Court on behalf of CHIP against the deemed refusal of the two development applications.

The appeals proceeded to a hearing before Justice Moore (see [2023] NSWLEC 24). Prior to the hearing, CHP and the Council were able, by way of amendments to the various documents forming part of the development applications, to resolve all outstanding merit matters that had been raised by Council in their Statements of Facts and Contentions.  His Honour was satisfied that this was the case and granted judgement on 17 March 2023 approving both development applications.

Paul Jayne, SWS Lawyer’s Property and Planning Consultant, commented: “This was a fantastic result for our client, who had been working on this project for over five years. The proceedings were complex with jurisdictional questions arising, dispensation being required for height exceedances and consideration having to be given to the design excellence provisions under the Castle Hill local environmental plan. We were fortunate to work with an incredible team of experts engaged by our clients and look forward to seeing the construction of the apartment blocks in the coming years”.