Baghla v The Hills Shire Council [2023] NSWLEC 1480

Land and Environment Court New South Wales

Medium Neutral Citation: Baghla v The Hills Shire Council [2023] NSWLEC 1480 Hearing dates: Conciliation conference on 7 July 2023 Date of orders: 24 August 2023 Decision date: 24 August 2023 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The appeal is upheld. (2) Development Application No 765/2023/HA for a double-sided illuminated pylon sign, at 31 Kenthurst Road, Dural (Lot 1 in DP 34815), is determined by the grant of consent, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – double sided illuminated pylon sign – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.16, 8.7 Land and Environment Court Act 1979, s 34 Environmental Planning and Assessment Regulation 2021, s 38 Hills Local Environmental Plan 2019, cl 5.10 Category: Principal judgment Parties: Yatinder Baghla (Applicant) The Hills Shire Council (Respondent) Representation: Counsel: E Flemming (Solicitor)(Applicant) T Ward (Solicitor)(Respondent)

Solicitors: Macpherson Kelley (Applicant) Pikes & Verekers (Respondent) File Number(s): 2023/54903 Publication restriction: No

Judgment 1. COMMISSIONER: This is an appeal pursuant to the provisions of s 8.7(1) of the Environmental Planning and Assessment Act 1979 (EPA Act) against the refusal of Development Application No 765/2023/HA for a double-sided illuminated pylon sign (the proposal), at 31 Kenthurst Road, Dural (the site), by The Hills Shire Council (the Council). 2. The Court arranged a conciliation conference under s 34 of the Land and Environment Court Act 1979 (LEC Act) between the parties, which was held on 7 July 2023. I presided over the conciliation conference. At the conciliation conference, the parties reached agreement as to the terms of a decision in the proceedings that would be acceptable to the parties. 3. Under s 34(3) of the LEC Act, I must dispose of the proceedings in accordance with the parties' decision if the parties' decision is a decision that the Court could have made in the proper exercise of its functions. The parties' decision involves the Court exercising the function under s 4.16 of the EPA Act to grant consent to the development application. 4. There are preconditions to the exercise of power to grant development consent for the proposal.