Sadig v The Hills Shire Council [2021] NSWLEC 1630

Land and Environment Court New South Wales

Medium Neutral Citation: Sadig v The Hills Shire Council [2021] NSWLEC 1630 Hearing dates: Conciliation conference on 4 and 31 August and 16 September 2021 Date of orders: 21 October 2021 Decision date: 21 October 2021 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders that: (1) The Applicant to pay, within 28 days of the final order, the Councils s 8.15(3) costs thrown away as a result of the amendment to the development application agreed at $10,000. (2) The Appeal is upheld. (3) Development Application 2286/2018/HA (as amended) for demolition of existing buildings and construction of a 106 place child care centre on the land at 166 Old Pitt Town Road, Box Hill NSW is approved subject to the conditions set out in Annexure "A" to this agreement. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Educational Establishments and Child Care Facilities) 2017, cll 22, 23 State Environmental Planning Policy No 55 – Remediation of Land, cl 7 State Environmental Planning Policy (Sydney Region Growth Centres) 2006, cl 7, Appendix 11, cll 2.3, 4.3, 6.1 The Hills Local Environmental Plan 2019, cl 5.10, Schedule 5 Texts Cited: Child Care Planning Guideline, NSW Department of Planning and Environment, August 2017 Category: Principal judgment Parties: Raymond Sadig (First Applicant) Diana Sadig (Second Applicant) The Hills Shire Council (Respondent) Representation: Counsel: C Gough (Solicitor) (Applicant) A Hudson (Solicitor) (Respondent)