Baxter v The Hills Shire Council [2022] NSWLEC 1119

Land and Environment Court New South Wales

Medium Neutral Citation: Baxter v The Hills Shire Council [2022] NSWLEC 1119 Hearing dates: Conciliation conference on 1 March 2022 Date of orders: 16 March 2022 Decision date: 16 March 2022 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: 1) The appeal is upheld. 2) Development consent is granted to Development Application 228/2020/JP for a concept proposal pursuant to section 4.22 of the Environmental Planning and Assessment Act 1979 for a mixed-use development comprising an indicative building layout and envelopes for five blocks (including setbacks, maximum building height, maximum permissible gross floor area), site access arrangements, two levels of parking containing 517 car parking spaces, associated landscaping, two vegetation conservation zones and stormwater works together with a detailed proposal for Stage 1 comprising site preparation works including tree removal and bulk earthworks at 328-330 Annangrove Road, Rouse Hill, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016, s 7.7 Biodiversity Conservation Regulation 2017, cl 7.2 Environmental Planning and Assessment Act 1979, ss 8.7, 4.16, 4.22 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s34 State Environmental Planning Policy (Infrastructure) 2007, Sch 3, cl 104 State Environmental Planning Policy no 55 – Remediation of Land, cl 7 Sydney Regional Environmental Plan No 20 – Hawkesbury Nepean-River (No 2 1997), cl 4 The Hills Local Environmental Plan 2012, cll 4.3, 4.4 The Hills Local Environmental Plan 2019, cl 1.8 Water Management Act 2000, s 91 Category: Principal judgment Parties: Thomas Baxter (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M. Staunton(Applicant) P. Hudson (Respondent)