Graham Trilby Pty Ltd v The Hills Shire Council [2021] NSWLEC 1325

Land and Environment Court New South Wales

Medium Neutral Citation: Graham Trilby Pty Ltd v The Hills Shire Council [2021] NSWLEC 1325 Hearing dates: Conciliation conference on 21 May 2021 Date of orders: 08 June 2021 Decision date: 08 June 2021 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the development application to rely on the documents described in the Schedule attached as Attachment 1. (2) The applicant is to pay the respondent's costs that have been thrown away as a result of the amendment of the development application pursuant to order (1) above. (3) The appeal is upheld. (4) Development Application No 1335/2020/ZB as amended, for subdivision of land described as Lot 161 in DP 1007387 and Lot 105 in DP 1072158 at 60-98 Cattai Creek Drive and 14 Georgia Terrace, Kellyville, is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – residential subdivision – conciliation conference – agreement between the parties Legislation Cited: Biodiversity Conservation Act 2016 ss 7.7, 7.13 Environmental Planning and Assessment Act 1979 ss 4.16, 4.47, 8.7 Land and Environment Court Act 1979 s 34 Rural Fires Act 1997 s 100B State Environmental Planning Policy No 55—Remediation of Land cl 7 The Hills Local Environmental Plan 2019 cll 2.6, 4.1, 6.1, 6.3, 7.2 Water Management Act 2000 s 91 Category: Principal judgment Parties: Graham Trilby Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: W Doueihi (Solicitor) (Applicant) L Whiting (Solicitor) (Respondent)