Birch Properties Group Pty Ltd v The Hills Shire Council [2022] NSWLEC 1277

Land and Environment Court New South Wales

Medium Neutral Citation: Birch Properties Group Pty Ltd v The Hills Shire Council [2022] NSWLEC 1277 Hearing dates: Conciliation conference on 28 February 2022, 14 March 2022 and 6 April 2022 Date of orders: 7 June 2022 Decision date: 07 June 2022 Jurisdiction: Class 1 Before: Sheridan AC Decision: The Court Orders that: 1) The appeal is upheld. 2) The Applicant is to pay the Respondent's costs that have been thrown away as a result of the amendment to the application for development consent under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $6,500.00, to be paid within 21 days of the date of the orders being made. 3) Development consent is granted to Development Application 1795/2021/HA for the construction of a single storey centre based childcare facility for 90 children with basement carparking for 30 vehicles and the removal of 2 trees at 37-39 Crane Road, Castle Hill, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPEAL – child care centre – conciliation conference – agreement between the parties – orders Legislation Cited: Biodiversity Conservation Act 2016 Biodiversity Conservation Regulation 2017, cl 7.2 Education and Care Services National Regulations Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2000, cl 55 Hills Local Environmental Plan 2019, cl 5.10, 5.21, 7.1, 7.2 Interpretation Act 1987, s30A Land and Environment Court Act 1979, s34 NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) State Environmental Planning Policy (Biodiversity and Conservation) 2021 State Environmental Planning Policy (Educational Establishment and Child Care Facilities) 2017,cl 23 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Sch 9 Category: Principal judgment Parties: Birch Properties Group Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) J Corradini-Bird (Solicitor) (Respondent)