Castle Hill Panorama Pty Ltd v The Hills Shire Council [2023] NSWLEC 24

Land and Environment Court New South Wales

Medium Neutral Citation: Castle Hill Panorama Pty Ltd v The Hills Shire Council [2023] NSWLEC 24 Hearing dates: 22, 23 and 27 February, 2 March 2023 Date of orders: 3 and 17 March 2023 Decision date: 17 March 2023 Jurisdiction: Class 1 Before: Moore J Decision: See orders at [53] and in Annexure A Catchwords: APPEAL ‑ proposed amendment to concept development approval ‑ Council raises jurisdictional and merit issues ‑ Applicant and the Council reach agreement on merit issues ‑ Applicant proposes method to resolve jurisdictional issue ‑ Council accents jurisdictional issue resolved ‑ application to dispense with compliance with maximum building height ‑ consideration of tests set by the cl 4.6 of the Hills Local Environmental Plan 2012 (the LEP) ‑ tests satisfied ‑ dispensation from compliance with maximum building height granted ‑ proposed consent orders ‑ necessary satisfaction on Council's jurisdictional contention found ‑ establishment of satisfaction with cl 4.6 tests ‑ appropriate to give effect to proposed consent orders ‑ orders made modifying concept development approval APPEAL ‑ development application for construction of development to give effect to concept development approval ‑ development application contingent on modification of concept approval ‑ concept approval modified ‑ certificate pursuant to cl 4(17)(5) of the Environmental Planning and Assessment Regulation 2000 provided ‑ other necessary documents provided ‑ cl 4.6 request granted ‑ cl 9.5(4) matters considered - development consent granted subject to conditions Legislation Cited: Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulation 2021 Environmental Planning and Assessment Regulation 2000 The Hills Local Environmental Plan 2012 Cases Cited: RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Category: Principal judgment Parties: Castle Hill Panorama Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: Mr M Hall SC (Applicant) Mr A Seton, solicitor (Respondent)