Boyded Industries Pty Ltd v The Hills Shire Council [2022] NSWLEC 1297

Land and Environment Court New South Wales

Medium Neutral Citation: Boyded Industries Pty Ltd v The Hills Shire Council [2022] NSWLEC 1297 Hearing dates: Conciliation conference on 24 February 2022, 22 and 31 March 2022, 13 and 26 April 2022, 13, 23, 27 and 31 May 2022 Date of orders: 14 June 2022 Decision date: 14 June 2022 Jurisdiction: Class 1 Before: Espinosa C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. 923/2021/HA for the construction of a hotel with basement and at grade car parking at 1 Packard Avenue, Castle Hill, subject to the conditions of consent in Annexure 'A'. (3) The Applicant is to pay the Respondent's costs thrown away as agreed or assessed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. Catchwords: DEVELOPMENT APPEAL – hotel - conciliation conference – agreement between the parties - orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.17,8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cll 55 and 97 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Building Sustainability Index BASIX) 2004 State Environmental Planning Policy (Industry and Employment) 2021, s 3.11 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 2.118, 2.121, Sch 3, The Hills Local Environmental Plan 2019 cll 4.3, 4.4, 5.10, 5.21, 7.1, 7.5, 9.2 Category: Principal judgment Parties: Boyded Industries Pty Ltd ACN 000092464 (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: A Whealy (Solicitor) (Applicant) C Rose (Solicitor) (Respondent)