Integrated Clinical Oncology Network Pty Ltd v The Hills Shire Council [2021] NSWLEC 1737

Land and Environment Court New South Wales

Medium Neutral Citation: Integrated Clinical Oncology Network Pty Ltd v The Hills Shire Council [2021] NSWLEC 1737 Hearing dates: Conciliation Conference 26 November 2021 Date of orders: 1 December 2021 Decision date: 01 December 2021 Jurisdiction: Class 1 Before: Dickson C Decision: The Court orders that: (1) The appeal is upheld. (2) Development Application No. 587/2021/HA, lodged on 27 October 2020, for the construction of a temporary single storey building for use as an Oncology Treatment facility at Lot 400 in DP 1250792, also known as 11 Norbrik Drive, Bella Vista, Norwest Private Hospital, 11 Nobrik Drive, Bella Vista NSW 2153 is approved subject to the conditions in Annexure "A" to this Agreement Catchwords: DEVELOPMENT APPLICATION – temporary health services facility – amended plans – agreement between the parties – orders. Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 The Hills Local Environmental Plan 2019, cll 4.3, 4.4, 4.6 Cases Cited: Blackmore Design Group Pty Ltd v North Sydney Council [2001] NSWLEC 279 Category: Principal judgment Parties: Integrated Clinical Oncology Network Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: P Lalich (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)