Timothy A Nicolson Pty Ltd v The Hills Shire Council [2021] NSWLEC 1256

Land and Environment Court New South Wales

Medium Neutral Citation: Timothy A Nicolson Pty Ltd v The Hills Shire Council [2021] NSWLEC 1256 Hearing dates: Conciliation conference on 29 March 2021, 27 April 2021 and 3 May 2021 Date of orders: 19 May 2021 Decision date: 19 May 2021 Jurisdiction: Class 1 Before: Peatman AC Decision: The Court orders: (1) The appeal is upheld. (2) The Development Control Order issued to the Applicant on 21 September 2020 by The Hills Shire Council in relation to Lot 208 DP 752025 and Lot 214 DP 752025 known as 1596-1598 Wisemans Ferry Road Maroota NSW is varied as set out in Annexure 'A'. Catchwords: DEVELOPMENT CONTROL ORDER – appeal against terms – conciliation conference – agreement between the parties – order varied Legislation Cited: Environmental Planning and Assessment Act 1979, ss 8.18, 9.34, 9.35, Schedule 5 Part 1 Land and Environment Court Act 1979, ss 17, 34, 64 Roads Act 1993 Category: Principal judgment Parties: Timothy A Nicolson Pty Ltd (Applicant) The Hills Shire Council (First Respondent) Transport for New South Wales (Second Respondent) Representation: Counsel: Dr J Smith (Applicant) A Hudson (Solicitor) (First Respondent) M Winram (Solicitor) (Second Respondent)

Solicitor: Peter Prior & Co Solicitors (Applicant) Wilshire Webb Staunton Beattie (First Respondent) Maddocks (Second Respondent) File Number(s): 2020/295096 Publication restriction: No Decision under appeal File Number(s): 2020/295096