Place Studio Au Pty Ltd v The Hills Shire Council [2023] NSWLEC 1458

Land and Environment Court New South Wales

Medium Neutral Citation: Place Studio Au Pty Ltd v The Hills Shire Council [2023] NSWLEC 1458 Hearing dates: Conciliation conference on 4 August 2023 Date of orders: 17 August 2023 Decision date: 17 August 2023 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend Development Application DA 672/2023/JP and rely upon the Amended Plans and documents referred to in condition 1 of Annexure A. (2) The applicant is to pay the respondent's costs thrown away as a result of the amendment pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed in the sum of $12,000. (3) The appeal is upheld. (4) Development Consent is granted to Development Application DA 672/2023/JP for the demolition of existing structures and construction of 280 apartments in 8 residential flat buildings 6 storeys in height, subject to conditions contained at Annexure A. Catchwords: APPEAL – development application – residential flat building – conciliation conference – agreement reached – orders made Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7 Environmental Planning and Assessment Regulation 2021, ss 27,29, 37, 38 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 6, ss 6.6, 6.7 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.6 State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development , cll 28, 30 The Hills Local Environmental Plan 2019 cll 4.3, 7.2, 7.7, 9.7 Texts Cited: NSW Department of Planning and Environment Apartment Design Guide 2015 Category: Principal judgment Parties: Place Studio Au Pty Ltd (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: V Conomos (Solicitor) (Applicant) K Redenbach (Solicitor) (Respondent)