Leith Group Developments Pty Ltd v The Hills Shire Council [2022] NSWLEC 1402

Land and Environment Court New South Wales

Medium Neutral Citation: Leith Group Developments Pty Ltd v The Hills Shire Council [2022] NSWLEC 1402 Hearing dates: Conciliation conference 25 July 2022 Date of orders: 28 July 2022 Decision date: 28 July 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders that: (1) The applicant is to pay the respondent's costs 'thrown away' in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979 as a result of the amendment of the application as now documented at Condition 1 to Schedule 1 in Annexure A, as agreed or assessed. (2) The appeal is upheld. (3) Development Consent is granted DA 108/2022/ZA for subdivision creating 33 residential lots and associated works including demolition, dam dewatering, contamination remediation and new roads, subject to conditions contained in Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Precincts – Central River City) 2021, cll 2.3, 2.6, 2.7, 3.9, 4.1A, 4.1B, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Sydney Regional Growth Centres) 2006 State Environmental Planning Policy Amendment (Precincts) 2021 Texts Cited: Box Hill Growth Centre Precincts Development Control Plan 2018 Category: Principal judgment Parties: Leith Group Developments Pty Ltd (First Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Sonter (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)