Liu v The Hills Shire Council [2022] NSWLEC 1437

Land and Environment Court New South Wales

Medium Neutral Citation: Liu v The Hills Shire Council [2022] NSWLEC 1437 Hearing dates: Conciliation conference held on 9 August 2022 Date of orders: 18 August 2022 Decision date: 18 August 2022 Jurisdiction: Class 1 Before: Bish C Decision: The Court orders that: (1) The appeal is upheld (2) Development application 718/2019/HA, as amended, for the construction of a three-storey boarding house, basement parking, with landscaping and associated works at Lot 43 in DP 6722, also known as 120 Old Northern Road, Baulkham Hills, is determined by the grant of consent, subject to the conditions of consent at Annexure 'A'. Catchwords: DEVELOPMENT APPLICATION – boarding house – stormwater - conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 4.17, 8.7 Environmental Planning and Assessment Regulation 2000, cll 49, 55 Hills Local Environmental Plan 2019, cl 2.3 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Affordable Rental Housing) 2009, cl 30A State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Resilience and Hazards) 2021, cl 4.6 Texts Cited: The Hills Shire Development Control Plan 2012 Category: Principal judgment Parties: Yi Qun Liu (Applicant) The Hills Shire Council (Respondent) Representation: Solicitors: A Sattler, Sattler & Associates (Applicant) S Kondilios, Hall & Wilcox (Respondent) File Number(s): 2021/328497 Publication restriction: No