Treetop Adventure Park The Hills Pty Ltd v The Hills Shire Council [2021] NSWLEC 1157

Land and Environment Court New South Wales

Medium Neutral Citation: Treetop Adventure Park The Hills Pty Ltd v The Hills Shire Council [2021] NSWLEC 1157 Hearing dates: 17-18 December 2020, written submissions on 20 January 2021 and 9, 15, 19 February 2021 Date of orders: 30 March 2021 Decision date: 30 March 2021 Jurisdiction: Class 1 Before: Gray C and Shiels AC Decision: Proceedings 2020/205869 The Court orders that: (1) The appeal is upheld. (2) The s 4.55(1A) application 1402/2013/HC/A to modify development consent 1402/2013/HC is approved subject to the conditions in Annexure A. (3) As a consequence of order (2) above, the development consent 1402/2013/HC is subject to the consolidated, modified conditions of consent at Annexure B. (4) The exhibits are returned, except for Exhibits A, B and J. Proceedings 2019/302392 The Court orders that: (1) The appeal is upheld. (2) The Noise Control Notice issued by The Hills Shire Council on 23 September 2019 is revoked. Catchwords: APPEAL – modification application concerning acoustic condition – noise control notice – agreement reached on modification application – whether noise control notice should be modified or revoked Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4.15, 4.55, 8.9 Land and Environment Court Act 1979 s 39 Protection of the Environment Operations Act 1997 ss 264, 265, 267A, 267B, 290 The Hills Local Environmental Plan 2019 Cases Cited: Martin v Campbelltown City Council [2000] NSWLEC 228 Sumar Produce Pty Limited v Griffith City Council [2000] NSWLEC 27 Sumar Produce Pty Limited v Griffith City Council [2000] NSWLEC 72 Sumar Produce Pty Ltd v Griffith City Council [2000] NSWLEC 104 Texts Cited: Noise Policy for Industry The Hills Development Control Plan 2012 Category: Principal judgment Parties: Treetop Adventure Park The Hills Pty Ltd (Applicant) The Hills Shire Council (Respondent) Peter Edwards (First Intervenor) Anne Edwards (Second Intervenor) Representation: Counsel: A Pickles (Applicant) J Smith (Respondent) N Eastman (Intervenors)