Nero (Aust) Pty Limited v The Hills Shire Council [2020] NSWLEC 1394

Land and Environment Court New South Wales

Medium Neutral Citation: Nero (Aust) Pty Limited v The Hills Shire Council [2020] NSWLEC 1394 Hearing dates: Conciliation conference on 28 July and 18 August 2020 Date of orders: 28 August 2020 Decision date: 28 August 2020 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The applicant is granted leave to rely on the amended plans listed in Condition 1 at Annexure 'A' to this agreement. (2) The appeal is upheld. (3) Development Application No. DA//159/2020/HA for the demolition of existing structures and construction of a centre based child care facility (90 places) at Lot 78 in Deposited Plan 13443 otherwise described as 33 Canyon Road, Baulkham Hills NSW 2153, is approved subject to the conditions in Annexure 'A' to this agreement. Catchwords: DEVELOPMENT APPLICATION - conciliation conference - agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 State Environmental Planning Policy No 55—Remediation of Land The Hills Local Environmental Plan 2019. Texts Cited: Child Care Planning Guideline Category: Principal judgment Parties: Nero (Aust) Pty Limited (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: C Tideman (Solicitor)(Applicant) A Care (Solicitor)(Respondent)