Lanham Developments Pty Ltd ATF Lanham Property Trust v The Hills Shire Council [2023] NSWLEC 1381

Land and Environment Court New South Wales

Medium Neutral Citation: Lanham Developments Pty Ltd ATF Lanham Property Trust v The Hills Shire Council [2023] NSWLEC 1381 Hearing dates: Conciliation conference on 18 May, 9 June and 27 June 2023 Date of orders: 27 July 2023 Decision date: 27 July 2023 Jurisdiction: Class 1 Before: Washington AC Decision: The Court orders: (1) The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. (2) The appeal is upheld. (3) Development application 642/2023/HC for a 126 place childcare centre, with a basement carpark comprising 41 car parking spaces and associated landscaping on Lot 103 in DP 1281508, Lot 102 in DP 1281508 and Lot 17 in DP 1260663 known as 204 Old Pitt Town Road, Box Hill is approved subject to the conditions at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – child care facility – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 4.47, 8.7, 8.15, Div 4.8 Environmental Planning and Assessment Regulation 2021, s 37 Land and Environment Court Act 1979, s 34 Rural Fires Act 1997, s 100B State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9 ss 9.4, 9.5 State Environmental Planning Policy (Precincts – Central River City) 2021, Appendix 10 ss 4.3, 6.1 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy (Transport and Infrastructure) 2021, Pt 3.3 ss 3.22, 3.23, 3.25, 3.26 Texts Cited: Department of Planning, Industry and Environment, Childcare Planning Guideline, September 2021 The Hills Development Control Plan 2012 Category: Principal judgment Parties: Lanham Developments Pty Ltd ATF Lanham Property Trust (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: A Knox (Solicitor) (Applicant) K Law (Solicitor) (Respondent)