Mills v Hills Shire Council [2020] NSWLEC 1492

Land and Environment Court New South Wales

Medium Neutral Citation: Mills v Hills Shire Council [2020] NSWLEC 1492 Hearing dates: Conciliation conference on 11 August 2020, 1 and 28 September 2020 Date of orders: 15 October 2020 Decision date: 15 October 2020 Jurisdiction: Class 1 Before: Bindon AC Decision: The Court orders: (1) The applicant is granted leave to amend the development application and rely on the amended plans and documents nominated in Condition 1 of Annexure 'A' to this agreement. (2) The Applicant is to pay the Respondents cost thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $10,000 within 30 days of these orders. (3) The Appeal is upheld. (4) Development Application 33/2020/HA which seeks consent for demolition of existing structures and the construction of two attached multi dwelling buildings with a total of eight (8) units comprising 1 x 2 bedroom dwelling , 7 X 3 bedroom dwellings (with units 2, 4 and 7 to be used as "affordable housing" in accordance with State Environmental Planning Policy (Affordable Rental Housing) 2009, and unit 8 is proposed to be capable of being adapted for persons with a disability), basement carparking for 14 cars, bin room, storage areas and associated landscaping, is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPLICATION – multi-unit residential development – affordable rental housing – 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 (Affordable Rental Housing) 2009 State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy No 55—Remediation of Land The Hills Local Environmental Plan 2012 Texts Cited: Land and Environment Court of New South Wales COVID-19 Pandemic Arrangements Policy (March 2020) Seniors Living Policy: Urban Design Guidelines for Infill Development Category: Principal judgment Parties: Mathew Mills (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: G McKee (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)