Artmade Architectural Pty Ltd v The Hills Shire Council [2022] NSWLEC 1712

Land and Environment Court New South Wales

Medium Neutral Citation: Artmade Architectural Pty Ltd v The Hills Shire Council [2022] NSWLEC 1712 Hearing dates: Conciliation conference on 7 December 2022 Date of orders: 20 December 2022 Decision date: 20 December 2022 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Development consent is granted to Development Application No. DA 1502/2022/HA for the removal of trees, excavation, site preparation, and construction of a two storey childcare centre with basement level car parking on the land known as 198 Excelsior Avenue, Castle Hill NSW subject to the conditions contained in Annexure A. (3) The Applicant is to pay the Respondent's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Education and Care Services National Regulations, regs 107, 108 Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, ss 3.22, 3.23, 3.25 The Hills Shire Local Environmental Plan 2019, cll 2.2, 2.3, 4.3, 4.4, 7.1, 7.2 Cases Cited: Australian Turf Club v Liverpool City Council (No 2) [2014] NSWLEC 1099 Texts Cited: Association of Australasian Acoustical Consultants Guideline for Child Care Centre Acoustic Assessment Version 3.0, September 2020 NSW Department of Planning and Environment, Child Care Planning Guideline (August 2017) The Hills Development Control Plan 2012 Category: Principal judgment Parties: Artmade Architectural Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) F Berglund (Respondent)