KNGS Properties Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1648

Land and Environment Court New South Wales

Medium Neutral Citation: KNGS Properties Pty Ltd v Hornsby Shire Council [2023] NSWLEC 1648 Hearing dates: Conciliation conference on 23 August 2023, final submissions 26 October 2023 Date of orders: 01 November 2023 Decision date: 01 November 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of amending the Development Application in the agreed sum of $6,000. (2) The appeal is upheld. (3) Development Application No DA/1368/2021, as amended, for the construction of a 91 place childcare centre with basement car parking for 23 cars and outdoor play areas, tree removal and associated landscape works on land legally described as Lot X in DP413605 and known as 59 Edwards Road, Wahroonga NSW 2076, is determined by the grant of development consent subject to the conditions at Annexure A. Catchwords: APPEAL – development application – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979, ss 4.15, 4.16, 8.7, 8.15 Environmental Planning and Assessment Regulation 2000, cl 55 Hornsby Local Environmental Plan 2013, cl 2.3, 5.10 Land and Environment Court Act 1979, s 34 State Environmental Planning Policy (Biodiversity and Conservation) 2021, Ch 9, Pts 9.2, 9.3, s 6.65 State Environmental Planning Policy (Resilience and Hazards) 2021, s 4.16 State Environmental Planning Policy (Transport and Infrastructure) 2021, Chs 2, 3, Pt 2.3, Div 15, ss 3.22, 2.99, 2.100 Category: Principal judgment Parties: KNGS Properties Pty Ltd (Applicant) Hornsby Shire Council (Respondent) Representation: Counsel: E Fleming (Solicitor) (Applicant) P Hudson (Solicitor) (Respondent)