Revelop Building & Development Pty Ltd v The Hills Shire Council [2020] NSWLEC 1665

Land and Environment Court New South Wales

Medium Neutral Citation: Revelop Building & Development Pty Ltd v The Hills Shire Council [2020] NSWLEC 1665 Hearing dates: Conciliation Conference 1 and 10 December 2020 Date of orders: 18 December 2020 Decision date: 18 December 2020 Jurisdiction: Class 1 Before: Froh R Decision: (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/617/2020/HC for the change of use of existing ground floor residential units within a shop top housing development to a 58 place child care facility at Lot 10 in Deposited Plan 1234927 otherwise described as 2-4 Aberdour Avenue, Rouse Hill, is approved subject to the conditions contained at Annexure 'A'. Catchwords: CHANGE OF USE – conciliation conference – agreement between the parties – change of use from shop top housing development to a child care facility Legislation Cited: Environmental Planning and Assessment Act 1979 s 8.7 Land and Environment Court Act 1979 s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017 cl 22 State Environmental Planning Policy No. 55 – Remediation of Land cl 7 The Hills Local Environmental Plan 2012 cll 4.3; 4.4; 5.10(4) Texts Cited: Education and Care Services National Regulations (2011 SI 653) rr 107; 108 Category: Principal judgment Parties: Revelop Building & Development Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Ms A Hemmings (Applicant) Mr A Hudson (Solicitor) (Respondent)