Court grants consent for JQDM's 27 Rouse Hill warehouse units

Why it matters

As amended, Development Application 689/2026/JP proposes demolishing a dwelling and related structures, subdividing into 30 strata lots, and building 27 warehouse units with ancillary offices in a mixed-use format. The approved scope also takes in light industry, self-storage and a food and drink outlet, plus signage identifying the businesses, civil works, landscaping and parking.

Under The Hills Local Environmental Plan 2019 the land is zoned E4 General Industrial, and the decision notes the proposed uses can be approved there with consent.

The decision shows the result came out of conciliation. On 16 October 2026 the parties lodged a signed agreement stating the terms of a decision, and under section 34(3) of the Land and Environment Court Act 1979 the Commissioner was required to dispose of the proceedings in accordance with it if the Court could have made that decision. The Commissioner states that, in making the orders, no merit assessment of the discretionary matters under section 4.15(1) of the Environmental Planning and Assessment Act 1979 was made.

The numbers

The decision sets out the following figures for the project.

• Building height: the control is 16 metres and the proposal reaches 23.1 metres, an exceedance of 7.1 metres or 44.4 percent. A written variation request under clause 4.6 of the local plan, prepared by Willowtree Planning, supports the departure, and the decision records that the parties support its findings.
• Floor space ratio: the control is 1:1 and the proposed ratio is 0.554:1.
• Exhibition: public notification ran from 20 November 2025 to 19 January 2026 and drew three submissions.
• Costs: JQDM is to pay the council costs “thrown away” as a result of amending the application, in an agreed amount of $15,000, within 28 days of the orders.

The amended documents the council agreed to include architectural plans by Reid Campbell (NSW) Pty Ltd, current to 22 September 2026, and a draft strata subdivision plan of the same date.

What’s next

The consent is subject to the conditions at Annexure A of the decision. Several are described in the judgment. For another Court-granted consent, see our 14 Oct report on Celesteem’s Warrawee flats consent after a deemed-refusal appeal.

• Biodiversity: the application included a biodiversity development assessment report by Travers Bushfire and Ecology. It identifies the Eastern Cave Bat as a species at risk of serious and irreversible impacts but states the proposal does not affect its breeding habitat. The conditions require JQDM to retire the necessary biodiversity credits.
• Contamination: a report and remediation action plan by GeoEnviro found anthropogenic material and possible asbestos contaminating the site. It concludes the land can be made suitable for use, with remediation measures written into Condition 120.
• Water: the Department of Climate Change, Energy, the Environment and Water issued general terms of approval on 12 December 2025, incorporated in Condition 25.
• Management plans: conditions require a Stormwater Management Plan, a Vegetation Management Plan and a Construction Environmental Management Plan.