NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: NGK 2000 Pty Ltd v The Hills Shire Council [2021] NSWLEC 1353 Hearing dates: Conciliation conference on 18 May 2021 Date of orders: 16 June 2021 Decision date: 16 June 2021 Jurisdiction: Class 1 Before: Clay AC Decision: The Court makes the following orders: (1) The Appeal is upheld. (2) Modification Application DA 93/2020/HC/A is approved such that: (a) Development Consent DA93/2020/HC granted by The Hills Shire Council on 17 June 2020 is modified by the deletion of conditions 86, 113, 115 and 118 and the insertion of new condition 1A as set out in Annexure A; and (b) Development Consent DA 93/2020/HC/A is subject to the consolidated conditions at Annexure B. Catchwords: MODIFICATION APPLICATION – seeking variation of contributions payable on approval of commercial and light industrial development – conciliation – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.55, 7.11, 7.13, 8.9 Land and Environment Court Act 1979, s 34 Category: Principal judgment Parties: NGK 2000 Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: J Palmer (Solicitor) (Applicant) A Veness (Solicitor) (Respondent)
Solicitors: Pikes & Verekers Lawyers (Applicant) Coutts Lawyers and Conveyancers (Respondent) File Number(s): 2021/61620 Publication restriction: Nil
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