Wycombe Services Pty Ltd v The Hills Shire Council [2021] NSWLEC 1693

Land and Environment Court New South Wales

Medium Neutral Citation: Wycombe Services Pty Ltd v The Hills Shire Council [2021] NSWLEC 1693 Hearing dates: Conciliation conference on 20 and 24 September 2021 Date of orders: 16 November 2021 Decision date: 16 November 2021 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment of the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) in the agreed sum of $12,000 within 30 days of these orders being made. (2) The appeal is upheld. (3) Development consent is granted to Development Application No. 677/2021/JP (as amended) for the demolition of the existing local heritage item, erection and fit out of a medical centre, with associated external landscaping on the land at 1, 1A-1B President Road, Kellyville, and an associated median in President Road, subject to the conditions in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55(1) Land and Environment Court Act 1979, s 34 Roads Act 1993, s 138 State Environmental Planning Policy (Infrastructure) 2007, cll 56, 57(1), 101, 104 State Environmental Planning Policy No 55—Remediation of Land, cl 7 State Environmental Planning Policy No 64— Advertising and Signage, Sch 1 State Environmental Planning Policy (State and Regional Development) 2011 The Hills Local Environmental Plan 2019, ss 2.3, 4.3, 5.10 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (April 2021) The Hills Development Control Plan 2012 Category: Principal judgment Parties: Wycombe Services Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: H Grace (Applicant) A Seton (Solicitor) (Respondent)